General Terms and Conditions
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The Vendor and contracting party for the merchandise presented in this Etsy shop is Stefanie Neudeck, Nonnenstr. 50b, 04229 Leipzig/ Germany, phone +49 (0)176 60893072, e-mail aramis-von-k@gmx.net (referred to hereinbelow as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. The Vendor hereby objects to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the merchandise presented in this shop for sale to other users. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German or English.
(3) The Vendor shall deliver the merchandise to destinations in all countries of the world except sanctioned countries.
(4) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order, the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract (contract confirmation).
(5) The content of a contract concluded is stored by Etsy and our own systems. The customer will receive a copy by email (if known) or by personal message. The content of the contract will not be shared otherwise.
(6) The Vendor shall inform the Customer by e-mail or personal message of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are total prices plus shipping costs. Prices include VAT.
(2) The shipping costs are listed in the respective product description under “Payment & Shipping” (Payment & Delivery)
(3) Where deliveries are to the outside of the EU, customs or acquisition tax for imported goods may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) The Vendor shall deliver the merchandise – at the selection of the Customer –against pre- payment any payment method listed in the product description under the “Payments & Shipping” section.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the Customer. It is incumbent on the Customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the Customer following the rescission of the contract shall be reimbursed to the Customer.
Section 4 – Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within 4-6 business days after payment is made; where delivery is made against payment by cash on delivery, the period allowed for the merchandise to be delivered shall commence on the date on which the Vendor receives the order.
(2) For products labeled as “Customisable”, the delivery period shall be extended by one week in the case that the Customer has requested the offered customisation.
(3) For deliveries to destinations outside Germany, a period of up to 9 business days has to be added to the respective domestic delivery time.
(4) If the Customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the
contained products will apply. If the Customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the Customer has provided a wrong or incomplete shipping address, an attempt to once again deliver the merchandise shall be made only if the Customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
(6) Where the Customer has selected cash payment (Barzahlung), the merchandise will not be shipped. Instead, the Customer may pick up the merchandise from the Vendor’s business premises following expiry of 2 business days after ordering; ffor customised products (see paragraph 2) one additional week must taken into account before pick-up.
(7) The preceding paragraphs shall not apply to digital content (section 5).
Section 5 – Digital Content
(1) A product offered as digital content will not be delivered by post. Instead, the Customer will receive an e-mail containig the product or a link to a website where he can download the product (download link).
(2) If the Customer expressly consents that the contract shall be performed already before expiration of the withdrawal period and the Customer acknowledges that he thereby loses his right of withdrawal, the Vendor shall deliver the digital content within three business days after payment ist made; if the Customer states that he buys as entrepreneur, the forementioned delivery period shall apply regardless of such acknowledgement. In all other cases, the Vendor shall deliver the digital content within three business days after payment is made, but not before 17 days after conclusion of the contract have elapsed.
(3) For digital content made to order according to the Customer’s specifications, one additional week must taken into account before delivery.
(4) The reception of digital content requires that the Customer has an email address and an internet connection. The Vendor points out that the Customer’s e-mail and/or network supplier may charge the Customer extra costs for the data reception; the Vendor has no means of influencing them.
(5) The previous paragraphs shall not apply where, according to the product description, digital concent is supplied on a tangible medium (eg CD or DVD). In this case, the Customer receives the merchandise according to section 4.
Section 6 – Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the Ireland stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Ireland also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 7 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 8 – Final provisions
(1) The laws of the Bundesrepublik Deutschland (Germany) shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Vendor’s registered seat shall be the place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Stefanie Neudeck, Nonnenstr. 50b, 04229 Leipzig/ Deutschland, phone +49 (0)176 60893072, e-mail aramis-von-k@gmx.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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 supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such reimbursement.
Expiration of the right of withdrawal
Your right of withdrawal expires, if the performance of the contract has begun with the your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
Exemptions from the right of withdrawal
Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
Digital downloads
Custom or personalized orders
Perishable products (like food or flowers)
Sample Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
— To Stefanie Neudeck, Nonnenstr. 50b, 04229 Leipzig/Deutschland, e-mail aramis-von-k@gmx.net:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
— Ordered on (*) / received on (*),
— Name of consumer(s),
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.
