Terms & Conditions
Part I - Terms and Conditions
§ 1 - Provider, inclusion of the GTC
(1) Supplier and contractual partner for the goods shown in the Etsy shop "Hoshino" is Thomas Junker, Stifterstrasse 17d, 07743 Jena, Telephone 015123041734, E-mail Hoshino.hoshino@gmx.de (hereinafter referred to as "Provider").
(2) These general terms and conditions are part of every contractual agreement between the supplier and the respective customer. Any conflicting terms and conditions of the customer will be contradicted.
§ 2 - product range and conclusion of contract
(1) The seller offers the items shown in his Etsy shop "Hoshino" for sale. The color representation of the articles on the website may vary slightly depending on the Internet browser used and monitor settings of the customer; These deviations are technically never completely avoidable.
(2) Selection of goods, conclusion of contract and contract execution are in German language.
(3) The customer selects the desired goods by placing them in the "shopping cart". If all desired goods are contained there, the orderer confirms this with the button "go to checkout". The following page titled "Please confirm your order" shows the purchaser a summary of all his submissions. The order request can be transmitted on this side over the button "pay now" to the provider; If the customer uses the service of Klarna ("Sofort.") for payment, the order is sent to the provider, if the customer clicks on the page "confirm transaction" on the button "Next". The purchaser has until the sending of his order request at any time the opportunity to correct his input by returning one or more order steps in the browser, or cancel the order altogether.
(4) For the article shown in his shop, the provider makes a binding offer. By sending the order via the button "Pay Now" the buyer accepts the purchase offer. The provider confirms the contract by e-mail (contract confirmation).
(5) The content of a concluded contract (contract text) is automatically stored by Etsy in the Etsy user accounts of the provider and the customer and can be viewed by the customer in his user account under "Purchases and Reviews" in the menu "You". After conclusion of the contract, the purchaser receives an additional e-mail from Etsy with the contract text. In addition, the provider does not save the contract text itself and makes it outside the Etsy portal also not accessible.
(6) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the vendor informs the purchaser by e-mail.
§ 3 - Prices and Payment
(1) All product prices are total prices plus shipping costs. Sales tax is not charged.
(2) The shipping costs are listed in the respective product description in the section "Shipping & Returns".
(3) The customer can pay by credit card (VISA, MasterCard, American Express). In addition, other payment methods may be available in the shopping cart, e.g. PayPal or Klarna ("Immediately").
(4) Purchaser payments may be made on behalf of the provider of Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland, or, if paying in US Dollars or Canadian Dollars, Etsy Inc., 117 Adams Street, Brooklyn, NY, USA (hereafter "Etsy"). In this case, Etsy forwards the amount paid to the provider.
(5) The supplier retains ownership of the delivered goods until the buyer has paid in full their purchase price.
§ 4 - Right of withdrawal
(1) A purchaser who buys as a consumer is entitled to a right of revocation according to the legal conditions.
(2) A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(3) A consumer with permanent residence outside Germany shall also be granted a right of revocation in accordance with the above paragraphs if the national law of the consumer does not provide for a right of revocation or if the revocation is linked to a shorter period or to a stricter form than regulated here.
§ 5 - Warranty (Liability for defects)
There are warranty claims of the customer (also called warranty rights) in accordance with the statutory provisions.
§ 6 - Out-of-court settlement of disputes
(1) For the out-of-court settlement of disputes arising from a distance contract with a consumer, the EU Commission provides an online platform at ec.europa.eu/consumers/odr (OS platform).
(2) The provider is neither obliged nor willing to participate in an out-of-court consumer dispute resolution procedure.
§ 7 - Final provisions
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. However, German consumers do not apply to consumers with permanent residence abroad insofar as the national law of the consumer contains provisions from which the consumer can not derogate from the contract.
(2) Should individual provisions of these general terms and conditions prove to be ineffective or impracticable, this shall not affect the validity of the remaining provisions.
Part II: Information on Consumer Right of Withdrawal
Cancellation policy for goods delivered by post
Withdrawal
You have the right to withdraw from 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 is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must (Thomas Junker, Stifterstrasse 17d, 07743 Jena, phone 015123041734, E-mail Hoshino.hoshino@gmx.de) by means of a clear statement (eg a letter sent by mail, fax or e-mail ) inform you of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
- To Thomas Junker, Stifterstrasse 17d, 07743 Jena, E-mail Hoshino.hoshino@gmx.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
(*) Delete as appropriate.