Terms and Conditions & Privacy Policy & 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 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
11. Code of Conduct
B. Information on Data Protection
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1. Information on the Collection of Personal Data and Contact Information of the Data Controller
2. Contacting Us
3. Data Processing for Order Fulfillment
4. Rights of the Data Subject
5. Retention Period for Personal Data
6. Reference to the Etsy Privacy Policy
C. Cancellation Policy
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1. Introduction
2. Right of Cancellation
3. Consequences of Cancellation
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 (hereinafter “GTC”) of Stefanie Grudno, doing business as “Stefanie Grudno” (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 displayed 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 A business operator, as defined in these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its 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 completes the ordering process, the customer accepts the offer, thereby entering into 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 writing (e.g., via 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 any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries before submitting a binding order as part of the electronic ordering process using standard keyboard and mouse functions.
2.5 The German language is available for entering into the contract.
2.6 The following languages are also available for entering into the contract:
- English
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 withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices. No sales tax is applicable, as the seller is exempt from sales tax as a small business owner. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s listing on Etsy.
4.3 When paying using a payment method offered through the “Etsy Payments” payment service, payment processing is handled 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 merchandise will be displayed to the customer in the seller’s offer or during the order processing. Further information about Etsy Payments and its terms of use is available here: etsy.com/de/legal/etsy-payments/?ref=list
4.4 If payment in advance via bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
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 withdrawal policy shall apply to the costs of returning the goods.
5.3 If the customer is a consumer residing in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper supply from the seller’s supplier. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the purchase price 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 method of subsequent performance;
- for new goods, the statute of limitations for claims arising from defects is one year from delivery of the goods;
- for used goods, claims arising from defects are excluded;
- the statute of limitations does not restart if a replacement delivery is made under the seller’s liability 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 were used in accordance with their customary use in a structure and caused its defectiveness,
- to any existing obligation on the part 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 acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
7.5 If the customer is acting as a consumer, he is requested to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on his 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 the customer’s specific 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 this content and acquiring the necessary rights to it. 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 amounts prescribed by law. 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 statutory 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 movable 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.
11) Code of Conduct
The Seller has agreed to comply with the terms and conditions of participation for the e-commerce initiative “Fairness in Trade,” which are available online 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 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 Stefanie Grudno, Gasselstiege 60, 48159 Münster, Germany, Tel.: 0162 3 66 97 33, Email: s.grudno@live.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 this data is our legitimate interest in handling your inquiry pursuant to Article 6(1)(f) of the GDPR. If your contact is aimed at entering into a contract, the additional legal basis for processing is Article 6(1)(b) of the GDPR. Your data will be deleted once your inquiry has been fully processed, provided that no statutory 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 Fulfillment
3.1 Transmission of Image Files for Order Fulfillment via the Messaging Function
If the customer has the option to request the personalization of products by submitting image files via the messaging feature, the submitted image will be used as a template for personalizing the selected product.
Using the messaging feature, the customer can send us one or more image files from the storage of the device being used. We then collect, store, and use the files transmitted in this manner exclusively for the production of the personalized product as described in the respective description of our services.
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 sharing will take place. If the transmitted files or digital images contain personal data (in particular, images of identifiable individuals), all of the aforementioned processing operations are carried out exclusively for the purpose of fulfilling your online order in accordance with Article 6(1)(b) of the GDPR.
Once the order has been fully processed, the transmitted image files are automatically and completely deleted.
3. 2 To the extent necessary for the fulfillment 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, based on a relevant contract, we are obligated to provide you with updates for goods containing digital elements or for digital products, we will process the contact information you provided when placing your order in order to personally notify you in accordance with our legal obligations to provide information under Article 6(1)(c) of the GDPR. Your contact information will be used strictly for the specific purpose of communicating updates we are obligated to provide and will be processed by us for this purpose only to the extent necessary to provide the relevant information.
3.3 - Gelato
We use the following service provider for order processing: Gelato Sweden AB, c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden
Your name, address, and, if applicable, other personal data are transferred to the provider in accordance with Article 6(1)(b) of the GDPR exclusively for the purpose of processing the online order. Your data is transferred only to the extent actually necessary for order processing.
3.4 To fulfill our contractual obligations to our customers, we work with external shipping partners. We transfer your name and shipping address to a shipping partner selected by us solely for the purpose of delivering the goods, in accordance with Article 6(1)(b) of the GDPR.
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 of data is carried out in accordance with Article 6(1)(b) of the 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/
3.6 Electronic Cancellation Function for Distance Contracts
Consumers who enter into contracts on this platform for which a statutory right of cancellation applies have the option to declare their cancellation via an electronic cancellation function in accordance with the applicable cancellation provisions.
When using the cancellation function, in addition to information identifying the contract to be canceled, other personal information—such as the consumer’s first and last name and email address—must be provided or confirmed.
Due to the platform’s technical infrastructure and based on the platform operator’s legitimate interest in ensuring general accessibility of the cancellation function, this information is initially processed in accordance with Art. 6(1)(li)f GDPR by the platform operator, then used to confirm receipt of the notice of withdrawal on our behalf via email, and finally transmitted to us.
We subsequently process the transmitted information to properly handle the withdrawal in accordance with Article 6(1)(b) and Article 6(1)(c) of the GDPR, based on our legal obligation to provide an electronic withdrawal function for paid consumer distance sales contracts.
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 under Article 15 of the 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 retention period or the criteria for determining the retention 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 about the logic involved, the significance of such processing for you, and the intended effects of such processing, as well as your right to be informed of the safeguards in place pursuant to Article 46 of the GDPR when your data is transferred 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 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 set forth in 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, to comply with a legal obligation, for reasons of public interest, or to assert, exercise, or defend legal claims;
- Right to restriction of processing under Article 18 of the 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 processing; if you need your data to assert, exercise, or defend legal claims, after we no longer need this data once the purpose has been fulfilled, or if you have objected on grounds related 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 with the controller, the controller is obligated to notify all recipients to whom your personal data has been disclosed of such 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 Article 20 of the 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, to the extent that this is technically feasible;
- Right to withdraw consent pursuant to Article 7(3) of the 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 that does not require 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 pursuant to 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 residence, your workplace, or the location of the alleged violation.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS BASED ON 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 SPECIFIC SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.
FUNDAMENTAL FREEDOMS PREVAIL, OR WHEN THE PROCESSING IS NECESSARY FOR THE ASSERTION, 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 respective 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) of the GDPR, the data in question will be stored until you revoke your consent.
If statutory retention periods apply to data processed in connection with contractual or quasi-contractual obligations pursuant to Article 6(1)(b) of the GDPR, such data will be routinely deleted upon expiration of the retention periods, provided that it is no longer necessary for the performance 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)(b) of the GDPR, this data is routinely deleted upon expiration of the retention periods, provided it is no longer necessary for the performance or initiation of a contract and/or we no longer have a legitimate interest in continuing to store it.
Art. 6(1)(b) of the GDPR, this data is routinely deleted upon expiration of the retention periods, provided it is no longer necessary for the performance 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 Article 6(1)(f) of the GDPR, this data is 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 is necessary for the establishment, exercise, or defense of legal claims.
When processing personal data for the purpose of direct marketing based on 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 any additional data processing that goes beyond the data processing described above. You can find more information about Etsy’s data protection practices in Etsy’s Privacy Policy: etsy.com/de/legal/privacy/?ref=ftr
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C. Right of Withdrawal
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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 notify us (Stefanie Grudno, Gasselstiege 60, 48159 Münster, Germany, Tel.: 0162 3 66 97 33, Email: s.grudno@live.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 sample withdrawal form for this purpose, though its use is not required.
You may also exercise your right of withdrawal online at https://www.etsy.com/your/purchases/select_order or on the etsy.com website using the corresponding feature. If you use this online feature, you will immediately receive a confirmation of receipt on a durable medium (e.g., via email) containing information about the content of the notice of withdrawal as well as the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send the notice of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless we have expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
Under no circumstances will you be charged any fees for 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 comes first.
You must return or hand over the goods to us without delay and, in any event, no later than twenty-one days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you ship 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 functionality.
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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
Stefanie Grudno
Gasselstiege 60
48159 Münster
Germany
Email: s.grudno@live.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 (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
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Signature of the consumer(s) (only for written notices)
_________________________
Date
(*) Delete as appropriate
Copyright Notice: These Terms and Conditions were drafted by the specialized attorneys at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)
Effective as of: September 10, 2026, 9:18:15 PM
