Terms and Conditions
Edit Original German Version
Terms & Conditions & Right of Withdrawal Notice
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General Terms and Conditions & Privacy Information & Right of Withdrawal Notice & Withdrawal Form
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Table of Contents
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A. General Terms and Conditions
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Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects
Applicable Law
Alternative Dispute Resolution
B. Privacy Information
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Information on the Collection of Personal Data and Contact Details of the Controller
Contacting Us
Data Processing for Order Handling
Rights of the Data Subject
Duration of Storage of Personal Data
Reference to Etsy’s Privacy Policy
C. Right of Withdrawal Notice
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Introduction
Right of Withdrawal
Consequences of Withdrawal
Exclusion or Premature Expiry of the Right of Withdrawal
D. Withdrawal Form
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A. General Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Jens Jansen E-Commerce (hereinafter referred to as "Seller") apply to all contracts for the supply of goods concluded between a consumer or business (hereinafter referred to as "Customer") and the Seller regarding the goods presented by the Seller on the online marketplace 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 GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 A business within the meaning of these GTC is any natural or legal person or a legally recognized partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 By listing an item on Etsy, the Seller makes a binding offer for the sale of 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 place the desired item in the virtual shopping cart on Etsy and then complete the order process as specified by Etsy. By clicking the final button in the ordering process, the Customer accepts the offer, thereby concluding a purchase contract for the item(s) selected.
2.3 The contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these GTC and customer information after the contract has been concluded. The Seller does not provide any further access to the contract text beyond this.
2.4 Before submitting the binding order, the Customer can recognize any input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions before submitting the binding order.
2.5 The contract is available in the German language.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 The prices stated by the Seller are total prices and include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller’s Etsy listing.
4.3 If payment is made via a payment method offered by the "Etsy Payments" service, payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC") or – if payment is made in US dollars or Canadian dollars – by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as "Etsy Inc."). Etsy UC or Etsy Inc. allows the Customer to use various payment methods via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment service providers to process payments. The specific payment methods available for the respective goods are displayed to the Customer in the Seller’s offer or during the order process. Further information and terms of use for Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and Shipping Terms
5.1 The delivery of goods is made by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Customer in the Etsy ordering process is binding for transaction processing.
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 shipping costs for the initial dispatch if the Customer effectively exercises their right of withdrawal. The return shipping costs in the event of an effective withdrawal are governed by the Seller’s withdrawal policy.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payments made will be refunded promptly.
6) Retention of Title
If the Seller provides advance performance, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been made.
7) Liability for Defects
Unless otherwise stipulated in the following provisions, statutory liability for defects applies. The following applies to contracts for the delivery of goods:
7.1 If the Customer is a business:
The Seller has the right to choose the type of supplementary performance.
The limitation period for defect claims for new goods is one year from the delivery of the goods.
The rights and claims for defects for used goods are excluded.
The limitation period does not start anew if a replacement delivery is made under liability for defects.
7.2 The above-mentioned liability limitations and shortened limitation periods do not apply:
To claims for damages and reimbursement of expenses by the Customer,
If the Seller has fraudulently concealed the defect,
To goods that have been used according to their usual purpose in a building and have caused its defectiveness,
To any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Additionally, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer is a merchant as defined by § 1 of the German Commercial Code (HGB), they are subject to the commercial duty of inspection and notification under § 377 HGB. If the Customer fails to comply with the obligations set out therein, the goods are deemed approved.
7.5 If the Customer is a consumer, they are asked to report any obvious transport damages to the delivery agent and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual defect claims.
8) Applicable Law
All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the provisions on the international sale of goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
B. Privacy Information
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 presence (hereinafter referred to as "Website") and thank you for your interest. Below, we inform you about how we handle your personal data when you use our Website. Personal data includes all data that can personally identify you.
1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is Jens Jansen, Bundesstraße 32, 52538 Gangelt, Germany, Tel.: +49 2454 9376820, Email: kontakt@novuspets.de. The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.
2) Contacting Us
If you contact us (e.g., via a contact form or email), we collect the personal data you provide for this purpose. These data are stored and used solely for processing your request and for the associated technical administration. The legal basis for processing these data is our legitimate interest in handling your request pursuant to Art. 6(1)(f) GDPR. If your contact aims to conclude a contract, an additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted once your request has been fully processed unless legal retention obligations prevent this. We consider a request to be completed when it can be inferred from the circumstances that the relevant matter has been conclusively resolved.
3) Data Processing for Order Fulfillment
3.1 To the extent necessary for contract fulfillment regarding delivery and payment purposes, the personal data we collect will be shared with the assigned transport company and the assigned financial institution in accordance with Art. 6(1)(b) GDPR.
If we are contractually obligated to provide updates for goods with digital elements or digital products, we will process the contact details you provided during your order (name, address, email) to inform you personally about upcoming updates within the legally required timeframe using an appropriate communication method (e.g., postal mail or email), as required by law under Art. 6(1)(c) GDPR. Your contact details will be used strictly for the purpose of providing such update notifications and will only be processed as necessary for this purpose.
To process your order, we also cooperate with the service provider(s) listed below, who assist us in fulfilling concluded contracts. Certain personal data are transmitted to these service providers as outlined below.
3.2 When using the Etsy Payments payment method, payment processing is handled by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC"), unless the payment is made in US dollars or Canadian dollars. In this case, the payment is processed by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as "Etsy Inc."). The transfer of data occurs 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 Under applicable data protection laws, you have the following rights regarding the processing of your personal data by the controller:
Right of Access (Art. 15 GDPR): You have the right to obtain confirmation of whether your personal data is being processed and, if so, access to this data and additional information such as the purpose of processing, categories of personal data, recipients, planned retention period, existence of correction, deletion, processing restrictions, objection rights, complaint rights, data source (if not collected directly from you), automated decision-making including profiling, and potential guarantees under Art. 46 GDPR for data transfers to third countries.
Right to Rectification (Art. 16 GDPR): You have the right to request immediate correction of inaccurate personal data concerning you and/or completion of incomplete data stored by us.
Right to Erasure (Art. 17 GDPR): You have the right to request the deletion of your personal data under the conditions of Art. 17(1) GDPR. This right does not apply if processing is necessary for the exercise of the right to freedom of expression and information, compliance with a legal obligation, reasons of public interest, or for the establishment, exercise, or defense of legal claims.
Right to Restriction of Processing (Art. 18 GDPR): You have the right to request the restriction of the processing of your personal data under certain conditions, such as while verifying the accuracy of contested data or if you oppose deletion due to unlawful processing.
Right to Notification (Art. 19 GDPR): If you have exercised your right to rectification, deletion, or restriction of processing, we are obligated to notify all recipients of your data unless this proves impossible or involves disproportionate effort. You also have the right to be informed about these recipients.
Right to Data Portability (Art. 20 GDPR): You have the right to receive your personal data in a structured, commonly used, and machine-readable format or request its transfer to another controller where technically feasible.
Right to Withdraw Consent (Art. 7(3) GDPR): You have the right to withdraw consent at any time with effect for the future. Upon withdrawal, we will delete the affected data unless another legal basis permits continued processing. The lawfulness of processing based on consent before withdrawal remains unaffected.
Right to Lodge a Complaint (Art. 77 GDPR): If you believe that the processing of your personal data violates the GDPR, you have the right to file a complaint with a supervisory authority in the member state of your residence, workplace, or the location of the alleged violation, without prejudice to other administrative or judicial remedies.
4.2 Right to Object
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR LEGITIMATE INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO SUCH PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING YOUR DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR IF PROCESSING IS NECESSARY FOR LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO SUCH PROCESSING. IF YOU OBJECT, WE WILL CEASE PROCESSING YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES.
5) Duration of Storage of Personal Data
The duration of personal data storage is determined by the respective legal basis, processing purpose, and—if applicable—statutory retention periods.
Personal data processed based on explicit consent (Art. 6(1)(a) GDPR) is stored until consent is withdrawn.
Personal data subject to legal retention periods (e.g., commercial and tax law obligations) are routinely deleted after these periods expire, provided the data are no longer necessary for contract fulfillment or other legitimate reasons.
If data processing is based on our legitimate interests (Art. 6(1)(f) GDPR), it is stored until you exercise your right to object under Art. 21(1) GDPR, unless we have overriding legitimate grounds for processing.
If personal data is processed for direct marketing purposes based on Art. 6(1)(f) GDPR, it is stored until you object under Art. 21(2) GDPR.
Unless otherwise specified in this statement, personal data is deleted once it is no longer necessary for its original purpose.
6) Reference to Etsy’s Privacy Policy
For any data processing beyond what is described above, the Etsy platform is responsible. Further details on Etsy’s privacy policy can be found here: etsy.com/de/legal/privacy/?ref=ftr
C. Right of Withdrawal
Introduction
Consumers have a right of withdrawal under the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or 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, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Jens Jansen E-Commerce, Bundesstraße 32, 52538 Gangelt, Germany, Tel.: +49 2454 9376820, Email: kontakt@novuspets.de) by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notice of your withdrawal from this contract. For this repayment, we will use the same payment method that you used in the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment.
For contracts concerning the delivery of goods, we may withhold the reimbursement 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 without undue delay and in any event no later than twenty-one days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of twenty-one days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss of value is due to handling of the goods that was not necessary to examine their nature, characteristics, and functionality.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for which an individual selection or determination by the consumer is essential for their manufacture or which are clearly tailored to the personal needs of the consumer.
D. Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to us.
To:
Jens Jansen E-Commerce
Bundesstraße 32
52538 Gangelt
Germany
Email: kontakt@novuspets.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 consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notifications on paper)
Date
(*) Delete as appropriate
Copyright Notice: These Terms and Conditions were created by the specialized attorneys of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
Version: January 10, 2025, 10:10:25 AM
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