–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––
Terms and Conditions & Privacy Policy & Cancellation Policy & Cancellation Form
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––
Table of Contents
––––––––––––––––––
A. General Terms and Conditions
––––––––––––––––––––––––––––––––––
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects
8. Special Terms for the Processing of Goods According to Specific Customer Specifications
9. Governing Law
10. Alternative Dispute Resolution
B. Information on Data Protection
––––––––––––––––––––––––––––––––
1. Information on the Collection of Personal Data and Contact Information of the Data Controller
2. Contact Information
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
7. Tools and Miscellaneous
C. Cancellation Policy
–––––––––––––––––––––
1. Introduction
2. Right of withdrawal
3. Consequences of withdrawal
4. Exclusion or premature expiration of the right of withdrawal
D. Withdrawal form
––––––––––––––––––––
–––––––––––––––––––––––––––––– ––––
A. General Terms and Conditions
––––––––––––––––––––––––––––––––––
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Jonathan Ort, trading as “Jonathan Ort” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods presented by the Seller on the online marketplace Etsy (hereinafter “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 GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
1.3 An entrepreneur within the meaning of these 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 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 using the online order form provided by Etsy. To do so, the customer must first add the desired item to the virtual shopping cart on Etsy and then complete the ordering steps specified by Etsy. By clicking the button that concludes the ordering process, the customer accepts the offer, thereby concluding a purchase contract 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., email, fax, or letter) after the contract is concluded, along with these Terms and Conditions and customer information. The Seller does not make the text of the contract available in any other way.
2.4 Before submitting a binding order, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries before submitting the order as a binding offer within the electronic ordering process using standard keyboard and mouse functions.
2.5 The contract may be concluded in German.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and Terms of Payment
4.1 The prices quoted by the seller are total prices and include the statutory value-added tax. Any additional delivery and shipping costs, if applicable, are listed 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 money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with 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 If you pay using a payment method offered through 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 the payment is made in U.S. dollars or Canadian dollars—by 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 respective 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
5) Delivery and Shipping Terms
5.1 Goods are shipped to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the order process on Etsy is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to return shipping costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from the seller’s supplier. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
6) Retention of Title
If the Seller makes an advance delivery, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:
7.1 If the customer is acting as a business,
- the seller may choose the type of subsequent performance;
- for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the statute of limitations does not restart if a replacement delivery is made under the warranty for defects.
7.2 The limitations of liability and shortened time limits set forth above do not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller fraudulently concealed the defect,
- to goods that have been used in accordance with their customary use for a structure and have caused its defectiveness,
- to 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 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
7.5 If the customer acts as a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
8) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
8.1 If, under the terms of the contract, the seller is obligated not only to deliver the goods but also to process them according to specific customer specifications, the customer must provide the operator with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the operator, and grant the operator the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having 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 personality rights.
8.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for 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 regulatory prohibitions or is contrary to public policy. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
9) Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to 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 his or her habitual residence.
10) Alternative Dispute Resolution
The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
––––––––––––––––––––––––––––––––
B. Information on Data Protection
––––––––––––––––––––––––––––––––
1) Information on the Collection of Personal Data and Contact Information of the Data Controller
1.1 We are pleased that you are visiting our Etsy store (hereinafter “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 personally identify you.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is Jonathan Ort, Hoher Markstein 100, 97631 Bad Königshofen, Germany, Tel.: +49 1575 9142826, Email: kontakt@aikas-art.de. 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 email), we collect the personal data you provide to us for this purpose. This data is stored and used exclusively for the purpose of processing your inquiry and the associated technical administration. The legal basis for processing the data is our legitimate interest in handling your inquiry pursuant to 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 inquiry has been fully processed, provided that no legal retention obligations prevent this. We consider the processing of your inquiry to be complete when the circumstances indicate that the matter in question has been conclusively resolved.
3) Data Processing for Order Processing
3.1 Submission of Image Files via Email for Order Processing
We offer customers the option to request product personalization by submitting image files via email. The submitted image is used as a template for personalizing the selected product.
Using the email address provided on the website, the customer can send one or more image files from the storage of the device being used to us. We then collect, store, and use the files transmitted in this manner exclusively for the production of the personalized product in accordance with the respective service description on our website. If the transmitted image files are shared with specific service providers for the production and fulfillment of the order, you will be explicitly informed of this in the following paragraphs. No further disclosure will take place. If the transmitted files or digital images contain personal data (in particular images of identifiable persons), all of the aforementioned processing operations are carried out exclusively for the purpose of processing your online order in accordance with Art. 6(1)(b) GDPR.
Once the order has been fully processed, the transmitted image files will be automatically and completely deleted.
3.2 Submission of Image Files for Order Processing via the Messaging Feature
If the customer has the option to request product personalization by submitting image files via the messaging feature, the submitted image will be used as a template for personalizing the selected product.
Using the available messaging function, the customer can send one or more image files from the storage of the device being used to us. We then collect, store, and use the files transmitted in this manner exclusively for the production of the personalized product in accordance with the respective description of our services.
If the transmitted image files are passed on to specific service providers for the production and fulfillment of the order, you will be explicitly informed of this in the following paragraphs. No further disclosure will take place. If the transmitted files or digital images contain personal data (in particular images of identifiable persons), all of the aforementioned processing operations are carried out exclusively for the purpose of processing your online order in accordance with Art. 6(1)(b) GDPR.
Once the order has been fully processed, the transmitted image files will be automatically and completely deleted.
3.3 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 shipping company and the contracted financial institution in accordance with Article 6(1)(b) of the GDPR.
If we are obligated to provide you with updates for goods containing digital elements or for digital products based on a corresponding contract, we will process the contact information you provided when placing your order to personally inform you in accordance with our legal information obligations under Article 6(1)(c) of the GDPR. Your contact details are used strictly for the specific purpose of communicating updates we are obligated to provide and are processed by us for this purpose only to the extent necessary for the respective information.
To process your order, we also work with the following service provider(s), who assist us in whole or in part with the fulfillment of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.4 - SendCloud
Shipping is handled via the shipping portal “SendCloud” (SendCloud GmbH, Kanalstr. 10, 80538 Munich). In accordance with Article 6(1)(b) of the GDPR, we disclose your data to SendCloud solely for the purpose of processing your online order. Data is only transferred to the extent that this is actually necessary for processing the order. Details regarding SendCloud’s data protection policies can be viewed on the SendCloud website at sendcloud.de/datenschutz/.
3.5 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 U.S. dollars or Canadian dollars. In this case, payment processing is handled 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(1)(b) 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 Applicable data protection law grants you comprehensive rights as a data subject (rights of access and intervention) vis-à-vis the controller regarding the processing of your personal data, about which we inform you 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 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, lodging 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 regarding the logic involved, the significance for you, and the intended effects of such processing, as well as your right to be informed of the safeguards pursuant to Article 46 of the GDPR in the event of a transfer of your data 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 if the conditions of Article 17(1) of the 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 compliance with a legal obligation, for reasons of public interest, or for the establishment, 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 while the accuracy of your data, which you have contested, is being verified; if you object to the erasure of your data due to unlawful processing and instead request the restriction of the processing of your data; if you require your data to assert, exercise, or defense of legal claims, after we no longer need this data following the achievement of the purpose, or if you have objected on grounds relating to your particular situation, as long as it has not yet been determined whether our legitimate grounds override yours;- Right to be informed pursuant to Article 19 of the GDPR: If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obligated 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 pursuant to Art. 20 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, provided 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 relevant data immediately, unless further processing can be based on a legal basis for processing without 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 under Article 77 of the GDPR: If you believe that the processing of your personal data 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 habitual residence, your workplace, or the place of the alleged infringement.
- Right to lodge a complaint under Article 77 of the GDPR: If you believe that the processing of your personal data 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 habitual residence, your workplace, or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS DUE TO 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. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, 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 YOUR PERSONAL DATA FOR THE PURPOSE 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 respective legal basis, the purpose of processing, and—where applicable—the relevant statutory retention period (e.g., retention periods under commercial and tax law).
When processing personal data based on explicit consent pursuant to Art. 6(1)(a) GDPR, the data in question will be stored until you withdraw your consent.
If statutory retention periods exist for data processed within the scope of contractual or quasi-contractual obligations based on Article 6(1)(b) of the GDPR, this data is routinely deleted upon expiration of the retention periods, provided they are no longer necessary for the performance of the contract or for entering into a contract and/or we no longer have a legitimate interest in further storage.
When processing personal data based on Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(1) of the 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 the purpose of direct marketing pursuant to Article 6(1)(f) of the GDPR, this data will be stored until you exercise your 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 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 other data processing activities beyond those described above. You can find further information on Etsy’s data protection practices in Etsy’s privacy policy: etsy.com/de/legal/privacy/?ref=ftr
7) Tools and Miscellaneous
- AccountOne
For our accounting, we use the cloud-based accounting software service provided by the following provider: AccountOne GmbH, Fördepromenade 4d, 24944 Flensburg, Germany
The provider processes incoming and outgoing invoices, as well as our company’s bank transactions where applicable, to automatically record invoices, match them to transactions, and generate financial accounting records through a semi-automated process.
If personal data is processed in this context, such processing is based on our legitimate interest in the efficient organization and documentation of our business processes in accordance with Article 6(1)(f) of the GDPR.
- WISO
For our accounting purposes, we use the cloud-based accounting software service provided by the following vendor: Buhl Data Service GmbH, Am Siebertsweiher 3/5, 57290 Neunkirchen, Germany
The provider processes incoming and outgoing invoices as well as, where applicable, our company’s bank transactions in order to automatically capture invoices, match them to transactions, and use this data to generate financial accounting records through a semi-automated process.
To the extent that personal data is processed in this context, such processing is based on our legitimate interest in the efficient organization and documentation of our business operations pursuant to Art. 6(1)(f) GDPR.
–––––––––––––––––––––
C. Cancellation Policy
–––––––––––––––– –––––
Introduction
Consumers are entitled to a right of withdrawal under the following conditions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related 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 is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.
To exercise your right of withdrawal, you must inform us (Jonathan Ort, Hoher Markstein 100, 97631 Bad Königshofen, Germany, Tel.: +49 1575 9142826, Email: kontakt@aikas-art.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached model withdrawal form for this purpose, but 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 Cancellation
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 delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
For contracts for the delivery of goods, we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.
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 twenty-one-day period expires.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, 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 the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs.
––––––––––––––––––––
D. Withdrawal Form
––––––––––––––––––––
If you wish to withdraw from the contract, please fill out this form and return it.
To
Jonathan Ort
Hoher Markstein 100
97631 Bad Königshofen
Germany
Email: kontakt@aikas-art.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 (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / Received on (*) __________________
________________________________________________________
Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only for paper notifications)
_________________________
Date
(*) Delete as appropriate
Copyright notice: These Terms and Conditions were drafted by the specialist attorneys at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
As of: April 21, 2026, 3:13:22 PM
