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General Terms and Conditions & Information on Data Protection & Instructions for cancellation & 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 the Contract
3. Right to Cancel
4. Remuneration
5. Provision of content
6. Granting rights of use for digital content
7. Liability for defects
8. Applicable Law
9. Alternative Dispute Resolution
B. Information on Data Protection
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1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting
3. Processing of Data for the Purpose of Order Handling
4. Rights of the Data Subject
5. Duration of Storage of Personal Data
6. Reference to the Etsy Privacy Policy
C. Instructions for cancellation
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1. Introduction
2. Right to cancel
3. Effects of cancellation
4. Expiration of the right to cancel
D. Cancellation 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 of the company Natalie Krieg
Authentica.Studio (hereinafter referred to as as "Licensor") apply to all contracts for the delivery of data which is not contained on a tangible medium and which is produced and supplied in digital form (digital content), a consumer or trader (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor on the Internet trading platform Etsy (hereinafter referred to as "Etsy"). The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the licensor to the licensee in electronic form granting certain rights of use regulated specifically in these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 By placing an article with Etsy, the licensor makes a binding offer to sell the digital content.
2.2 The licensee can accept the offer of the licensor via the online order form provided by Etsy. To do this, the licensee must first place the desired article in the virtual Etsy shopping basket and then pass through the order steps specified by Etsy. By clicking the button finalizing the order process, the licensee declares acceptance of the offer, which results in a contract regarding the contents previously selected by the licensee.
2.3 The contract’s content will be stored by the licenser and sent to the licensee after conclusion of the contract , together with the present GTC and customer information in text form (e.g. e-mail, fax or letter). The licensor shall not make the contract text accessible beyond this.
2.4 The licensee may correct his entries before submitting his order using the technical means provided by Etsy. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields.
2.5 The contractual language is German or English.
3) Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel.
4) Remuneration
4.1 For the granting of rights to the respective contents, the licensor shall receive a flat-rate license fee, the amount of which shall be determined in the respective article description.
4.2 The prices quoted by the licensor are total prices and include statutory value-added tax.
4.3 The licensee has various payment options at his disposal, which are specified in the Etsy licensor's offer.
4.4 When using a payment method offered via the payment service "Etsy Payments", the payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies of US 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 licensee to use various payment methods as part of the payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may use the payment services of third parties. The specific payment method(s) available will be displayed to the licensee in the respective offer of the licensor or in the context of order processing. Further information and the terms of use of Etsy Payments are available here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
5) Provision of content
Content is provided exclusively in electronic form by e-mail or download.
6) Granting rights of use for digital content
6.1 The licensor grants the licensee the non-exclusive, temporarily and regionally unlimited right to use the supplied content exclusively for private purposes.
6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the licensor has consented to the transfer of the license covered by this contract to third parties.
6.3 Pursuant to article 158, paragraph 1 German Civil Code, granting of rights will only be legally valid once the licensee has paid in full the sum owed. The licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
7) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
8) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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C. Instructions for cancellation
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Introduction
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire at the end of 14 days after the day on which the contract is entered to.
To exercise the right to cancel, you must inform us (Natalie Krieg, Authentica.Studio, Brunnenstraße 41, 10115 Berlin, Deutschland, Tel.: +49(0)15128830716, E-Mail: hallo@authentica.studio) of your decision to cancel this contract by a clear statement (e.g. by a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
Expiration of the right to cancel
The right of cancellation shall expire prematurely if we have started the performance of the contract after you have expressly agreed that we start the performance of the contract before the expiry of the cancellation period, and you have confirmed to us your knowledge that you lose your right of cancellation by agreeing to start the performance of the contract, and if we have provided you with a confirmation of the contract on a durable medium containing the content of the contract including the aforementioned conditions relating to the premature expiry of the right of cancellation.
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D. Cancellation form
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If you wish to cancel this contract, please complete and submit this form.
Natalie Krieg
Authentica.Studio
Brunnenstraße 41
10115 Berlin
Deutschland
E-Mail: hallo@authentica.studio
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(*) Delete as appropriate
