Terms & Conditions and Right to Withdrawal
– ... Cancellation form
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Table of contents
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A. General terms and conditions with customer information
– ... Terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Retention of title
8. Liability for defects
9. Liability
10. Special conditions for the processing of goods according to specific customer specifications
11. Applicable law
12. 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 person responsible
2. Contact
3. Data processing for order processing
4. Web analysis services
5. Rights of the data subject
6. Duration of storage of personal data
7. Reference to the Etsy data protection declaration
C. Cancellation policy
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1. Introduction
2. Right of cancellation
3. Consequences of cancellation
4. Exclusion or premature expiry of the right of cancellation
D. Cancellation form
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A. General terms and conditions with customer information
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1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Maria Kuznetsova, trading under "Marachowska ART" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and provided in digital form.
1.3 These terms and conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and provided in digital form.
1.4 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.5 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
1.6 An entrepreneur within the meaning of these terms and conditions 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 independent 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 using the online order form provided by Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the ordering process, the customer declares acceptance of the offer, which creates a purchase contract for the goods previously selected by the customer.
2.3 The text of the contract is saved by the seller and sent to the customer after the contract has been concluded, together with these terms and conditions and customer information, in text form (e.g. email, fax or letter). The seller himself will not make the text of the contract available beyond this.
2.4 Before submitting the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. Before submitting the order, the customer can correct his entries as part 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.
3) Right of withdrawal
3.1 Consumers generally have 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 terms
4.1 The prices stated by the seller are total prices. Sales tax is not shown because the seller is a small business within the meaning of Section 19 Paragraph 1 of the VAT Act. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying using a payment method offered via the payment service "Etsy Payments", payment processing takes place 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 the payment processing via Etsy Payments. Etsy UC or Etsy Inc. can use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be shown to the customer in the respective offer of the seller or as part of the order processing. Further information on Etsy Payments and the terms of use can be found here: etsy.com/de/legal/etsy-payments/?ref=list
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 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, which can be viewed 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 takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the 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 of delivery if the customer effectively exercises his right of withdrawal. For the return costs, the regulation in the seller's cancellation policy applies if the customer effectively exercises his right of withdrawal.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the goods not being available or only being partially available, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 Digital content is provided to the customer as follows:
- by download
5.5 Vouchers are provided to the customer as follows:
- by email
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the seller's content description on Etsy, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the full amount owed. The seller can also provisionally permit the use of the content subject to the contract before this point in time. Such provisional permission does not result in a transfer of rights.
7) Reference to the Etsy privacy policy
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. You can find more information about Etsy's data protection in Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Introduction
Consumers have a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
For contracts for the delivery of goods, the cancellation period is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
For contracts for the delivery of data that is not on a physical data carrier and is produced and provided in digital form (digital content), the cancellation period is fourteen days from the day on which the contract is concluded.
To exercise your right of cancellation, you must inform us (Maria Kuznetsova, Marachowska ART, Kopenhagener Str., 73, 10437 Berlin, Germany, Tel.: +4917664874208, E-Mail: marachowska@gmail.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
For contracts for the delivery of goods, we may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than twenty-one days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the twenty-one day period.
You bear the direct costs of returning the goods. The direct costs of returning goods are estimated at a maximum of around 100 euros for each such item for goods that cannot normally be returned to us by post due to their nature (freight goods).
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties and functioning.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
The right of withdrawal expires prematurely for contracts for the provision of digital content if we have begun to fulfil the contract after you have expressly agreed that we begin to fulfil the contract before the expiry of the withdrawal period, you have confirmed to us that you are aware that you lose your right of withdrawal by giving your consent when the contract begins to be fulfilled, and we have provided you with a confirmation of the contract on a durable medium in which the content of the contract, including the aforementioned conditions for the premature expiry of the right of withdrawal, is reproduced.
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D. Cancellation form
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If you want to cancel the contract, please fill out this form and send it back. To
Maria Kuznetsova
Marachowska ART
Kopenhagener Str., 73
10437 Berlin
Germany
E-mail: marachowska@gmail.com
I/we (*) hereby revoke 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 the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if notification is made on paper)
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Date
(*) Delete as appropriate
Copyright notice: These terms and conditions were drawn up by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: January 29, 2024, 6:36:15 PM–––––––––
