1. Scope of application
2. Contracting Party
3. Conclusion of Contract
4. Returns policy
5. Important notes
6. Delivery and delivery charges
7. Payment and delays in payment
8. Retention of title
9. Customer queries and orders and/ or complaints
10. Liability
11. Warranty
12. Copyright
13. External Links
14. Data Privacy
15. Final provisions, Choice of Law
1. SCOPE OF APPLICATION
Tales by Jen, represented by Sandra J. Pawlas, Neuwarmbüchenerstr. 9, operates an online store at the web address www.etsy.com/de/shop/TalesbyJen which sells, in particular print material. These General Terms of Business (hereafter General Terms) apply exclusively to the business relationship between Tales by Jen and the customer in the Tales by Jen online store. The version in force at the time of the order shall apply. Tales by Jen does not accept any differing terms of the customer unless Tales by Jen has expressly agreed to their applicability in writing.
2. CONTRACTING PARTY
The contracting party is:
Tales by Jen
Sandra J. Pawlas
Neuwarmbüchenerstr. 9
30916 Isernhagen
USt.-Nr: DE315633919
3. CONCLUSION OF CONTRACT
Tales by Jen offers goods on the Internet. Barring any stipulations to the contrary in the item description, these may be purchased by the customer through Tales by Jen’ Internet offering. The presentation of the products in the Tales by Jen online store does not constitute a binding offer. It is subject to change and non-binding.
A contract between you and www.talesbyjen.com shall come into effect upon shipment of the merchandise that has been ordered by you. When clicking "Proceed to Checkout" on the page "Cart", you will be redirected to the "Checkout" page. After entering your personal data and the preferred payment method, you will have to accept Tales by Jen's Terms and Conditions and Returns Policy. Depending on the payment method you have chosen, clicking the "Buy Now" button will redirect you to Paypal or asks you to make your payment directly to our bank account. After providing all information required for and during the order process with Paypal or by transferring the money and by sending us your order through clicking the button “Pay Now” you are making a binding offer to enter into a contract with Tales by Jen.
By placing an order, the customer accepts the General Terms and delivery terms of Tales by Jen’ online store. The applicable prices are those at the time of ordering plus delivery charges. All prices quoted include the legal value-added tax and other price components.
4. RETURNS POLICY
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from
- the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods,
or
- in the case of a contract for several items that you have ordered in a single order and that are delivered separately: the date on which you or a third party named by you, who may not be the carrier, have taken possession of the last goods,
or
- in the case of a contract for delivery of goods consisting of multiple partial shipments or pieces: the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods.
To exercise your right of cancellation, you must inform us, Tales by Jen, Sandra Jennifer Pawlas, Neuwarmbüchenerstr. 9, 30916 Isernhagen; hello@talesbyjen.com of your decision to withdraw from this contract through means of an unambiguous declaration (e.g. a letter mailed by post, a fax or an email). You can use the attached sample cancellation form for this purpose, but this is not compulsory. You can complete and submit the sample withdrawal form on our website or any other unambiguous declaration. If you make use of this option, we will confirm receipt of your notice of cancellation immediately by email.
In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline.
CONSEQUENCES OF WITHDRAWAL
If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you, including shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favorable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first. You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract to the following address:
Tales by Jen, Sandra Jennifer Pawlas, Neuwarmbüchenerstr. 9, 30916 Isernhagen, Germany.
The deadline is met if you send back the goods before the end of the fourteen day period. You have to bear the cost of returning the goods.
You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof.
Please note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to Austria, for instance, we can only accept a return from Austria.
In case of a return, your relevant card or bank account will be credited. However, any losses that are caused by currency fluctuations will not be refunded.
If you have any queries considering your return rights, please contact our customer care management:
E-Mail: hello@talesbyjen.com
Telephone: +49 176 34463414
END OF ADVISORY
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5. IMPORTANT NOTES
The products offered on www.etsy.com/de/shop/TalesbyJen are presented as digital photographs depicting the existing merchandise. Slight differences between the photographs and reality do not constitute a defect of the ordered merchandise.
Tales by Jen is entitled to perform partial deliveries.
6. DELIVERY AND DELIVERY CHARGES
Tales by Jen delivers its products worldwide, normally via DHL.
When we ship internationally, DHL will pass your order on to your national mail provider. However, Tales by Jen reserves the discretion to use a logistics partner of its choice. Unless otherwise agreed, delivery shall take place from the Tales by Jen warehouse to the delivery address supplied by the customer. Tales by Jen is entitled to make part-deliveries, if this is reasonable for the customer.
DELIVERY TIME WITHIN GERMANY
DIN A4 Poster: 3-4 business days
DIN A3 Poster: 3-4 business days
DELIVERY TIME TO AUSTRIA AND SWITZERLAND
DIN A4 Poster: 3-4 business days
DIN A3 Poster: 3-4 business days
DELIVERY TIME TO ALL OTHER COUNTRIES
Europe: 3 -5 business days
North America: 5 - 8 business days
Australia, New Zealand and Oceania: 5 - 8 business days
Asia: 6 - 12 business days
Latin America and the Carribean: 6 - 15 business days
Middle East and North Africa: 6 - 12 business days
Subsahara - Africa - 6 - 12 business days
Custom duties and other taxes may be incurred when goods are imported into certain countries and are to be covered by the customer. If this happens, transportation might be delayed for which I am not responsible.
I will do my best to meet these estimated shipping times, but can not guarantee them. I am not responsible for delays caused by customs.
For all posters which are not in stock, the expected delivery time is stated above the price or in the product description. As soon as you have placed the purchase order, Tales by Jen will inform you about the delivery time via Email. Tales by Jen shall be entitled to offer individual delivery times for specific products, which will be agreed upon with the customer.
EXCEPTIONS
If, through no fault of its own, Tales by Jen is unable to deliver the goods ordered because, for instance, its supplier does not fulfill its contractual obligations, Tales by Jen shall be entitled to cancel the contract with the customer. In this event, the customer will be informed immediately that the product ordered is not available. The customer’s legal rights are not affected. In the event of non-delivery, the customer will receive an immediate refund if he has already made payment.
DELIVERY CHARGES
SHIPPING COSTS WITHIN GERMANY
DIN A4 und DIN A3 Poster: 3,00 €
SHIPPING COSTS TO AUSTRIA
DIN A4 und DIN A3 Poster: 4,90 €
SHIPPING COSTS TO SWITZERLAND.
DIN A4 und DIN A3 Poster: 4,90 €
Customs duties and other taxes may apply when goods are imported to certain countries. These must be covered by the customer.
SHIPPING COSTS WORLDWIDE IS 6,90 €.
If more prints are ordered at the same time, shipping costs are charged once only.
Customs duties and other taxes may apply when goods are imported to certain countries. These must be covered by the customer.
7. PAYMENT AND DELAYS IN PAYMENT
To make payment as easy as possible, the Etsy platform offers a variety of payment options, including Visa, MasterCard, American Express, Discover, Klarna, Sofortüberweisung, Paypal and Etsy vouchers.
a) For the payment via Etsy voucher, the customer can enter one or more voucher codes in the "My purchases" section. The voucher value will be credited to the provider and the invoice amount paid in this way. If a voucher value is higher than the invoice amount, the voucher remains valid in the amount of the excess amount.
b) If the purchaser has selected "Sofortüberweisung" as the payment method, he or she will be forwarded to the online service of Sofortüberweisung via the "pay" button, where he or she can initiate the payment accordlingly. Transfers from abroad are accepted by the provider only as free of charge payments in Euro.
c) If the customer has chosen "PayPal" as the method of payment, he or she will be forwarded to the online service of Paypal via the "Click here to pay with paypal" button, where the payment can be initiated accordingly.
d) With the payment method Visa, Mastercard and American Express the customer can pay his order via the "pay now" button, where he is asked to enter his or her card information on the Etsy platform to complete the order with the payment.
e) If the customer has chosen Klarna, he can use the payment button to get to the Klarna online service and initiate the payment there.
For advance payment orders, a payment period of one week from receipt of the contract confirmation applies. The vendor places the desired goods back for the customer during the period of payment. It is the purchaser's responsibility to arrange the payment within the aforementioned time so that it will be received by the provider within the deadline. The provider reserves the right to withdraw from the contract of sale and sell the goods elsewhere if the payment has not been received by the deadline. Any payment received by the purchaser after the resignation will be refunded to the purchaser.
Your order will be shipped as soon as we receive your payment (please note that this may take 2-5 business days).
In the case of a return, the refund will be returned to the account that you originally specified.
8. RETENTION OF TITLE
Tales by Jen reserves the right to retain title and ownership of any and all articles supplied until such time as full payment has been received.
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9. CUSTOMER QUERIES ON ORDERS AND/ OR COMPLAINTS
If you have any queries on orders and/or complaints, please contact our customer care team:
E-Mail: hello@talesbyjen.com
Telephone: +49 176 34463414
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10. LIABILITY
Legal rights apply to all products of our shop.
If the purchased item has a defect, the legal provisions shall apply. These claims of the customer cannot be assigned. Therefore, Tales by Jen shall not be liable for damage not sustained by the delivery item itself; in particular, etsy.com/de/shop/TalesbyJen shall not be liable for loss of profit or other financial loss suffered by the customer.
11. WARRANTY
For all goods from our shops German statutory warranty rights apply.
CONDITION OF GOODS
All instructions, designs, illustrations, technical data, weight, measurement and performance specifications which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. Although we try our best to ensure accuracy, we do not guarantee the correctness of such information.
LIMITATION PERIOD
The limitation period for statutory claims for defects is 2 years and begins on the date of delivery, ie. Receipt of the item by the buyer. We request that you immediately notify us of a material, manufacturing or transport defect that is obviously not visible, but this is not a prerequisite for the effective assertion of warranty claims.
12. COPYRIGHT
All rights reserved. The content and layout of the etsy.com/de/shop/TalesbyJen website are protected by copyright and other protective laws. Unless otherwise indicated, all brand labels in the Tales by Jen online store are protected by trademark law.
13. EXTERNAL LINKS
This website contains links to third party websites ("external links"). These websites are the responsibility of the respective operators. The provider has no influence on the current and future design and content of the linked pages. The setting of external links does not mean that the provider accepts the content behind the reference or link. A constant control of these external links is not reasonable for the provider without concrete references to legal offenses. However, in the event of a breach of law, such external links will be deleted immediately. Despite careful examination, I dissociate myself expressly from all contents of all linked pages.
14. DATA PROTECTION AT ONE GLANCE
GENERAL INFORMATION
Thank you for visiting my Etsy-Shop Tales by Jen. The security of the data you share with me is an important issue which I take very seriously. Therefore, the following will give you an easy overview to what extent and for what purposes I will use your personal data you share with me, when making purchases in my Online Shop. Personal data are all data you can be identified with, including e.g. your name, your email-address or your telephone number. I will also inform you about the rights you have regarding your personal data.
WHO IS RESPONSIBLE FOR THE DATA COLLECTION OF THE TALES BY JEN ONLINE SHOP ON ETSY
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions with data protection character is:
Tales by Jen
Sandra Jennifer Pawlas
Neuwarmbüchenerstr. 9
30916 Isernhagen
Tel.: 0176/34463414
E-Mail: hello@talesbyjen.com
Umsatzsteuer-Identifikationsnummer: DE315633919
HOW AND WHICH DATA WILL BE IDENTIFIED?
In order to complete your order, you must provide me with certain information (for which you have authorized Etsy to provide it to me). This includes your name, email address, mailing address, billing information and information regarding the product you order. You also have the option to provide me with other personal information (for example, for a custom poster) when you contact me directly.
I'm referring to a number of legal bases in order to collect, use or share your information, namely:
- as far as I need your information to provide my services, for example, to handle your order, resolve conflicts, or provide customer support;
- if you have given your explicit consent (which you can revoke at any time), such as by signing up for my newsletter mailing list;
- when required to comply with a legal obligation or court order, or in connection with legal claims, such as the need to retain information about your purchases due to the tax code;
- and to the extent necessary for the purposes of my legitimate interests - unless such legitimate interests are repealed by your rights or interests - for example, 1. to provide and improve my services. I use your information to provide the services you have requested from me, and in my legitimate interest to improve my services; and 2. to comply with Etsy's Seller Policy and Terms of Use. I use your information as needed to fulfill my obligations under Etsy's Seller Policy and Terms of Service.
I only transfer personal data to third parties if this is necessary in the course of the contract, for example to the companies entrusted with the delivery of the goods or to the bank responsible for processing the payment. A further transmission of the data does not take place or only if you have expressly consented to the transmission. A transfer of your data to third parties without explicit consent, such as for advertising purposes, does not occur. The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which allows the processing of data to fulfill a contract or pre-contractual measures.
PROCESSING OF DATA (CUSTOMER AND CONTRACT DATA)
I collect, process and use personal data only insofar as they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which allows the processing of data to fulfill a contract or pre-contractual measures. Furthermore, I collect, process and use personal data on the use of my web pages (usage data) only to the extent necessary to enable or bill the user for the use of the service.
The collected customer data will be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.
TO WHOM WILL YOUR PERSONAL DATA BE RELEASED?
Customer data is important to my business. I only disclose your personal information for specific reasons and under specific circumstances, as follows:
Etsy: I pass on information to Etsy as needed to fulfill my obligations under Etsy's Seller Policy and Terms of Use.
Service Provider: I authorize certain trusted third parties to perform tasks and services for my shop, such as parcel services. I share your personal information with these third parties, but only to the extent that they are required to perform those services.
Business Transfers: If I sell my business or merge with another, I may disclose your information as part of that transaction, to the extent permitted by law.
Complying with Laws: I may collect, use, retain and disclose your information when I have a good faith belief that it is appropriate and necessary to: a) Respond to a legal process or regulatory requirements; b) to enforce my contracts, conditions and policies; c) to prevent, investigate and remedy fraud and other illegal activities, safety or technical problems, or d) protect the rights, property and safety of my clients or other persons.
HOW LONG DO I STORE YOUR PERSONAL DATA?
I only retain your personal information for as long as is necessary to provide you with my services and as described in my Privacy Policy. However, it is possible that I must keep this information in order to comply with legal obligations and regulations, settle disputes and enforce my agreements. In general I keep your data for the following period: 4 years.
WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?
INFORMATION, LOCKING AND DELETION
You have the right at any time free of charge to obtain information about the origin, recipient and purpose of your personal data stored. You also have the right to request the correction, blocking or deletion of this data. For this purpose as well as for further questions about data protection you can contact me at any time at the address given in the imprint. Furthermore, you have a right of appeal to the competent supervisory authority.
COMPLAINTS AT THE COMPETENT SUPERVISORY AUTHORITY
In the case of violations of data protection law, the person concerned has the right of appeal to the competent supervisory authority. Responsible supervisory authority in data protection issues is the state data protection officer of the state in which Tales by Jen has its headquarters. A list of the data protection officers as well as their contact data can be taken from the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
REJECT YOUR CONSENT FOR DATA PROCESSING
Many data processing operations are only possible with your express consent. You can revoke an existing consent at any time. For this, send an informal message by e-mail to hello@talesbyjen.com. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
RIGHT OF DATA TRANSFERABILITY
You have the right to have data, which I process on the basis of your consent or in fulfillment of a contract, delivered to you or to a third party in a standard, machine-readable format. If you request the direct transfer of data to another person in charge, this will only be done as far as technically feasible.
DATA CONTROLLER
For the purposes of the EU General Data Protection Regulation, I am - Sandra J. Pawlas - the data controller for your personal data. If you have questions or concerns, you can contact me at hello@talesbyjen.com. Alternatively you can contact me at the following address:
Sandra Jennifer Pawlas, Neuwarmbüchenerstr. 9, 30916 Isernhagen.
15. FINANCIAL PROVISIONS, CHOICE OF LAW
Should one or more provisions be ineffective, this shall not affect the validity of the other provisions. The relevant provisions of law shall apply in place of the ineffective provisions. If the customer is a merchant, corporate body under public law or a special fund under public law, Hannover shall be the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The contract language is German. The jurisdiction stipulated by law shall apply vis-à-vis consumers. German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Note: Wherever only the masculine form is used in this text, this has been done solely to improve the legibility of the text. In all instances, both genders are implied.
