Please note the following cancellation policy together with the model cancellation form as well as our General Terms and Conditions with customer information:
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General Terms and Conditions & Information on Data Protection & 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 Conditions
5. Delivery and Shipping Conditions
6. Granting of Rights of Use for Digital Content
7. Retention of Title
8. Liability for Defects
9. Applicable Law
10. 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 Us
3. Data Processing for Order Handling
4. Rights of the Data Subject
5. Duration of the Storage of Personal Data
6. Note on the Etsy Privacy Policy
C. Cancellation Policy
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1. Introduction
2. Right of Withdrawal
3. Consequences of Withdrawal
4. Exclusion or Premature Expiry of the Right of Withdrawal
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 Dominik Wolkwitz, acting under “printbison” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller on the online trading platform Etsy (hereinafter “Etsy”). The inclusion of the Customer’s own terms is hereby contradicted unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise regulated in this respect. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated in this respect.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which predominantly cannot be attributed to their commercial or self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC 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 self-employed 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 via the online order form provided on Etsy. To do so, the Customer must first place the desired item in the virtual shopping cart on Etsy and then go through the order steps specified by Etsy. By clicking the button that completes the ordering process, the Customer declares acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the Customer.
2.3 The contract text is stored by the Seller and sent to the Customer after the conclusion of the contract together with these GTC and customer information in text form (e.g., e-mail, fax, or letter). The Seller does not make the contract text accessible beyond this.
2.4 Before submitting the order in a binding manner, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition 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 in a binding manner within the framework of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
2.6 The following languages are also available for the conclusion of the contract:
* English
3. Right of Withdrawal
3.1 Consumers are generally entitled to 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 Conditions
4.1 The prices stated by the Seller are total prices and include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money 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 offer on Etsy.
4.4 If payment is made using a payment method offered via the payment service “Etsy Payments,” payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter “Etsy UC”) or—if payment is made in US dollars or Canadian dollars—via 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 payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may make use of third-party payment services. The specific payment method(s) available for the respective goods will be displayed to the Customer in the Seller’s respective offer or during order processing. Further information on and the terms of use of Etsy Payments can be accessed here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method “PayPal” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms of use, available at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the Customer opens a PayPal account or already has such an account.
5. Delivery and Shipping Conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the order processing on Etsy is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment 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 costs for the outbound shipment if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation in the Seller’s cancellation policy applies in the event of an effective exercise of the right of withdrawal by the Customer.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with the required care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and the consideration refunded without delay.
5.4 Digital content is made available to the Customer as follows:
* by direct access via the entrepreneur’s website
* by download
* by e-mail
6. Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the content description of the Seller on Etsy, the Seller grants the Customer the non-exclusive, geographically and temporally unrestricted right to use the content provided exclusively for private purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the license under the contract to the third party.
6.3 Insofar as the contract relates to the one-time provision of a digital content, the granting of rights shall only become effective when the Customer has paid the owed remuneration in full. The Seller may also provisionally permit the use of the contractual content before this time. Such provisional permission does not entail a transfer of rights.
7. Retention of Title
If the Seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed.
8. Liability for Defects
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:
8.1 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 claims for defects is one year from delivery of the goods;
* for used goods, the rights in respect of defects are excluded;
* the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
8.2 The above-regulated limitations of liability and shortening of periods do not apply
* to the Customer’s claims for damages and reimbursement of expenses,
* in the event that the Seller has fraudulently concealed the defect,
* to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
* to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.
9. Applicable Law
All legal relationships of the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10. Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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B. Information on Data Protection
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1. Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you visit our Etsy presence (hereinafter “Website”) and thank you for your interest. Below we inform you about the handling of your personal data when using our Website. Personal data is all data with which you can be personally identified.
1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is Dominik Wolkwitz, printbison, Rastenburger Weg 1, 46446 Emmerich am Rhein, Germany, Tel.: +49 179 3989150, e-mail: [printbison@outlook.com](mailto:printbison@outlook.com). The controller 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 the processing of personal data.
2. Contacting Us
If you contact us (e.g., via contact form or e-mail), we collect the personal data transmitted by you for this purpose. This data is stored and used exclusively for the purpose of processing your request and the associated technical administration. The legal basis for processing the data is our legitimate interest in processing your request in accordance with Art. 6(1)(f) GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for processing is Art. 6(1)(b) GDPR. Your data will be deleted after final processing of your inquiry, provided that no statutory retention obligations oppose this. We consider the processing of your inquiry to be completed when it can be inferred from the circumstances that the matter in question has been finally clarified.
3. Data Processing for Order Handling
3.1 Insofar as necessary for the performance of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the transport company commissioned and the credit institution commissioned in accordance with Art. 6(1)(b) GDPR.
If, on the basis of a corresponding contract, we owe you updates for goods with digital elements or for digital products, we will process the contact data you provided when ordering in order to inform you personally within the scope of our statutory information obligations pursuant to Art. 6(1)(c) GDPR. Your contact data will be used strictly for the purpose of communications about updates owed by us and will be 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 support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.2 When using the Etsy Payments payment method, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless payment is made in the currencies US dollars or Canadian dollars. In this case, payment processing is carried out via 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.
Further information on data protection can be found in Etsy’s privacy policy: etsy.com/de/legal/privacy/
3.3 In the case of payment by credit card via PayPal or by direct debit via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) within the scope of payment processing. The transfer is carried out in accordance with Art. 6(1)(b) GDPR and only to the extent necessary for payment processing.
4. Rights of the Data Subject
4.1 The applicable data protection law grants you, vis-à-vis the controller, comprehensive data subject rights with regard to the processing of your personal data (rights to information and intervention), about which we inform you below:
* Right of access pursuant to Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have 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, complaint to a supervisory authority, the origin of your data if they were not collected by us from you, the existence of automated decision-making including profiling and, where applicable, meaningful information about the logic involved and the significance and the envisaged consequences of such processing for you, as well as your right to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in the event of the transfer of your data to third countries;
* Right to rectification pursuant to Art. 16 GDPR: You have the right to immediate rectification of inaccurate data concerning you and/or completion of your incomplete data stored by us;
* Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17(1) GDPR are met. However, this right does not exist 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 defence 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 as long as the accuracy of your data contested by you is being verified, if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data, if you need your data for the assertion, exercise, or defence of legal claims after we no longer need these data once the purpose has been achieved, or if you have objected for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate reasons prevail;
* Right to notification pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
* Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request the transfer to another controller, insofar as this is technically feasible;
* Right to withdraw consent given pursuant to Art. 7(3) GDPR: You have the right to withdraw a consent once given to the processing of data at any time with effect for the future. In the event of withdrawal, we will delete the affected data immediately unless further processing can be based on a legal basis for processing without consent. The lawfulness of the processing carried out on the basis of the consent until the withdrawal is not affected by the withdrawal;
* Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes 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, place of work, or the place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS, AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE, OR DEFENCE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR DIRECT MARKETING PURPOSES, 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 THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5. Duration of the Storage of Personal Data
The duration of the storage of personal data is determined on the basis of the respective legal basis, the processing purpose and—if applicable—additionally on the basis of the respective statutory retention period (e.g., commercial and tax law retention periods).
In the case of processing of personal data on the basis of explicit consent pursuant to Art. 6(1)(a) GDPR, these data will be stored until you withdraw your consent.
If statutory retention periods exist for data that are processed in the context of contractual or quasi-contractual obligations on the basis of Art. 6(1)(b) GDPR, these data are routinely deleted after the retention periods have expired, provided that they are no longer required for the performance of the contract or the initiation of a contract and/or there is no legitimate interest on our part in further storage.
In the case of processing of personal data on the basis of Art. 6(1)(f) GDPR, these data will be stored until you exercise your right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defence of legal claims.
In the case of processing of personal data for the purpose of direct marketing on the basis of Art. 6(1)(f) GDPR, these data will be stored until you exercise your right to object pursuant to Art. 21(2) GDPR.
Unless otherwise stated in the other information in this declaration regarding specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6. Note on the Etsy Privacy Policy
For all further data processing that goes beyond the data processing described above, the Etsy platform is responsible. You can view further information on data protection from Etsy in Etsy’s privacy notices: etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation Policy
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Introduction
Consumers have a right of withdrawal under the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts for the delivery of goods, the withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last good.
For contracts for the delivery of data not located on a physical data carrier, which are produced and provided in digital form (digital content), the withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Dominik Wolkwitz, printbison, Rastenburger Weg 1, 46446 Emmerich am Rhein, Germany, Tel.: +49 179 3989150, e-mail: [printbison@outlook.com](mailto:printbison@outlook.com)) by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model cancellation form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the communication of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this reimbursement.
In the case of contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
You shall send back or hand over the goods to us without undue delay and in any event not later than within twenty-one days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of twenty-one days has expired.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely for contracts for the provision of digital content if we have begun to perform the contract after you have expressly agreed that we begin performance of the contract before the withdrawal period has expired, you have confirmed to us your knowledge that you lose your right of withdrawal by giving your consent to the start of performance of the contract, and we have provided you with a confirmation of the contract, in which the content of the contract including the aforementioned conditions for the premature expiry of the right of withdrawal is reproduced, on a durable medium.
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D. Cancellation Form
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If you wish to withdraw from the contract, please complete this form and return it.
To
Dominik Wolkwitz
printbison
Rastenburger Weg 1
46446 Emmerich am Rhein
Germany
e-mail: [printbison@outlook.com](mailto:printbison@outlook.com)
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 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
Copyright Notice: These GTC were created by the specialist lawyers of the IT-Recht Kanzlei and are protected by copyright ([https://www.it-recht-kanzlei.de](https://www.it-recht-kanzlei.de))
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If you’d like, I can also produce this as a clean Word or PDF file with the same section breaks.
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