Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions are applicable to all the contracts, which you conclude with us as a supplier (Sextro Sabrina / Sextro Sebastian GbR) via the www.etsy.com website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on www.ebay.de, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
As a registered etsy user or guest orderer, you can buy our goods offered on etsy immediately at a fixed price. When using the shopping cart function - after clicking on "Continue to checkout" you will be guided through the purchase process. At the end of this, an overview page appears summarizing the essential product data including the costs incurred. You can correct your entries or cancel the purchase up to this page. Only when you click on the "Buy" or "Buy and pay" button on the overview page does a purchase contract for the selected goods come about.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods by e-mail at the latest immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
(4) If specified in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, release the correction template for execution by countersigning it in text form (e.g. email).
The design work will not be carried out without your approval.
It is your responsibility to review the Correction Template for accuracy and completeness and to notify us of any errors. We assume no liability for errors that are not objected to.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
Sextro Sabrina / Sextro Sebastian GbR Johann-Kaiser-Ring 144
63452 Hanau Germany
Telephone: 061811893240
Email: info@pillow-beag.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as
e.g. customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.
5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
5.7. We do not save the payment data entered, but etsy or the selected payment provider may. The following apply to this
Data protection regulations of eBay or the payment service provider.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.
last update: 01.01.2022
