Contents:
Part I: General Terms and Conditions
Part II: Privacy Policy
Part I - 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 the Etsy Shop „lieberfilz“ is Elisabeth Schwarz, Mariannenplatz, 22, 10997 Berlin, phone 030 60031284, e-mail lieberfilz@gmail.com (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 the Etsy Shop „lieberfilz“ for sale to other Etsy 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.
(3) The Vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, Liechtenstein, Norway, Switzerland and other countries outside of the European Union.
(4) The Customer shall select the merchandise desired by placing it in his “shopping basket”. The “Check and Order” (“Überprüfen und bestellen”) section shall display a summary, so that the Customer can check for any incorrect input. The order can be conclusively placed with the Vendor by clicking on the button “Buy now” (“Zahlungspflichtig bestellen”). Until the order is transmitted to the Vendor, the Customer has the opportunity to go back one or multiple steps in the browser to modify the data input or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Buy now” (“Zahlungspflichtig bestellen”), the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of a contract concluded is stored by Etsy in the Vendor’s and the Customer’s Etsy user accounts and may be viewed by the Customer in his user account on the Etsy portal by clicking on the item “My Purchases” (“Meine Einkäufe”) in the Etsy menu. After conclusion of a contract, Etsy shall also send an e-mail with the content of the contract to the Customer. Beyond that, the Vendor neither saves the content of the contract himself nor does he provide access to it outside the Etsy platform.
(7) The Vendor shall inform the Customer by e-mail 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” (Bezahlung & Versand)
(3) Where deliveries are made to Liechtenstein, Norway, Switzerland, or other countries outside the European Union 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 by bank transfer or against pre-payment using PayPal. Together with the contract confirmation, the Customer shall receive an internet link via e-mail connecting them to the “My Purchases” (“Meine Einkäufe”) site of the Etsy portal, which provides further information on the implementation of the purchase.
(a) Where the Customer has selected “Bank Transfer” (“Banküberweisung”) as the form of payment, the Vendor’s bank account details will be provided in the “My Purchases” (“Meine Einkäufe”) site of the Etsy portal. Exclusively transfers denominated in Euros and free of charge for the Vendor shall be accepted for bank transfers from abroad.
(b) Where the Customer has selected “PayPal” as the form of payment, he will be guided from the “My Purchases” (“Meine Einkäufe”) site to the PayPal online service, from where payment can be made subsequently.
Section 4 – Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within 4-6 business days after payment is made.
(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. Shipments overseas can take up to 5 weeks.
(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.
Section 5 – 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 German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany 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 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Final provisions
(1) The laws of the Federal Republic of 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) 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.
Part II - Privacy Policy
(1) Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when using our Etsy shop. Personal data is any information that relates to an identified or identifiable natural person.
(2) The person responsible (“controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. The controller within the meaning of the GDPR for the personal data processed by the provider of this Etsy shop is: Elisabeth Schwarz, Mariannenplatz, 22, 10997 Berlin, phone 030 60031284, e-mail lieberfilz@gmail.com (hereinafter referred to as “we”). Beyond that, Etsy GmbH’s privacy policy applies in addition.
(3) When you conclude a contract with us in our Etsy shop, Etsy will transmit to us your Etsy username, your name and the billing address as stored in your Etsy user account. If you have specified additional information with the order (e.g. a different shipping address or a phone number), this also will be transmitted to us.
(4) We process the data referred to in paragraph 3 electronically for the proper performance of the contract, in particular for shipping, invoicing, accounting, and processing of returns and complaints. This data processing is based on Article 6 par. 1 b GDPR. We store this data until all mutual claims arising from the respective contractual relationship with you have been completely settled and the commercial and fiscal retention periods to which we are subject have expired.
(5) To conclude a contract between you and us, it is necessary that we receive your name, address and Etsy username. The necessity of providing this data arises, among other things, from Etsy’s Terms and Conditions as well as from various legal regulations (such as § 312i par. 1 and 3 BGB, § 14 par. 4 UStG). Without providing this data, you cannot conclude a contract with us.
(6) When we ship physical goods in order to perform a contract, we may transmit your name and shipping address to Deutsche Post (Deutsche Post AG, 53113 Bonn) or DHL (DHL Paket GmbH, 53113 Bonn) as the shipping service provider, for the purpose of delivering the shipment to you and, if necessary, for returns back to us, on the basis of Article 6 par. 1 b GDPR.
(7) If you use PayPal’s service for payment, the PayPal’s privacy policy shall apply to the payment process additionally. PayPal will act on your behalf.
(8) If you use a payment method provided by Mangopay, Mangopay collects and processes your name, card or bank account number, and/or, if applicable, further data required for processing the chosen payment method. For this purpose, Mangopay’s Privacy Policy applies additionally.
(9) If you send us a message on Etsy via the function “Contact seller”, Etsy will transmit us your Etsy username along with your message (legal basis: Article 6 par. 1 a GDPR). If you send us a message by e-mail, we will save your message along with the sender details (your name and e-mail address) in order to be able to answer it and also to respond to possible subsequent questions (legal basis: Article 6 (1) f GDPR). For the reception, storage and sending of e-mails, we use an e-mail provider who acts for us as a processor in accordance with Article 28 GDPR. We will erase the information collected from your message no later than six months after the last communication with you, subject to the following paragraph.
(10) If you send us a message with information legally relevant for the contractual relationship (e.g. a withdrawal or a complaint), the legal basis for the processing is Article 6 par. 1 b GDPR, regardless of how you transmitted your message to us. In such a case, we will erase the data related to your message as soon as all mutual claims arising from the contractual relationship have been completely settled and the commercial and fiscal retention periods have expired.
(11) You may find Social Media Buttons beneath a product photo; they can be recognized by the logos of the social media platforms (hereinafter “platforms”) (Facebook: blue “f”, Google Plus: red “g+”, Pinterest: red “p”, Twitter: blue bird silhouette). These are links to the respective platforms based in the United States (USA). Clicking on such a link calls the respective Platform’s website; at the same time, the IP address of your device and the address of the page where the link is placed (“Referrer”) will be transmitted to the Platform in the USA. However, we neither collect nor otherwise process any data related to the use of these social media buttons.
(12) We do not use any automated decision-making or profiling.
(13) With regard to your personal data we process, you have the following rights:
a) You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.
b) You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.
c) You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.
d) You may demand that we restrict the processing of your data if one of the requirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.
e) We will communicate any rectification or erasure of your personal data and a restriction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.
f) You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.
g) As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.
(14) RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.
(15) IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.
(16) If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.
