GTC & revocation instruction
*A. General Terms and Conditions (GTC)*
1 Contracting party, definitions, scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of manbefair.com, owner Selma Müller (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by registered Etsy members as consumers or entrepreneurs (hereinafter "Customer") with the Seller on the Internet trading platform Etsy (hereinafter "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. An entrepreneur within the meaning of these General 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 his commercial or self-employed professional activity.
2. conclusion of contract
2.1 The product descriptions of the seller presented at Etsy do not represent binding offers on the part of the seller, but are used for submission of a binding offer by the customer.
2.2 The conclusion of the sales contract between seller and buyer is based on the "Etsy principles" for membership and purchase processing. Immediately after the purchase the buyer receives the confirmation of the conclusion of the contract by e-mail.
All functions of the online marketplace Etsy are not the responsibility of the seller.
3. terms of payment and delivery
3.1 The purchase price is due immediately upon confirmation of a "purchase". The prices include the statutory value added tax and packaging. Payments are to be made by the terms of payment deposited with Etsy after conclusion of the contract. Other details on the payment methods are described in the offer text or stored in the Etsy checkout procedure.
3.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be covered by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
3.3 Shipping costs will be charged additionally and shown separately in the offer text. Shipping costs vary depending on the shipping method, the weight and size of the item to be delivered and the distance to the destination. Unless expressly stated otherwise, the transport and delivery conditions of the logistics partners (forwarding agents / postal services) commissioned by us with the delivery shall apply.
3.4 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address deposited by the customer with Etsy is decisive for the processing of the transaction.
3.5 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
3.6 Our products are usually processed and shipped within 1-3 working days after receipt of payment.
4. right of revocation
4.1 Consumers are generally entitled to a right of revocation.
4.2 Further information on the right of revocation can be found in the seller's revocation instructions.
5 Retention of title
If the seller makes advance delivery, he retains title to the delivered goods until the purchase price owed has been paid in full.
6. liability for defects (warranty)
6.1 If the object of purchase is defective, the warranty shall be governed by the provisions of the statutory liability for defects. However, it does not cover defects caused by normal wear and tear or improper use and handling of the goods. Furthermore: Complaints are only valid if they concern the condition of the item itself and are presented by the buyer in writing within 3 working days after receipt of the goods. Complaints that are not made within the specified period are invalid. Complaints can be made by letter (date of postmark) or via the Etsy function "Contact the seller".
6.2 The customer is requested to complain about delivered goods with obvious transport damages to the respective deliverer and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
6.3 In the event of a justified defect, the purchaser may demand either remedy of the defect or replacement delivery. If the seller is not willing or able to remedy the defect or replace the goods due to disproportionality or unreasonableness or if the remedy of the defect or replacement delivery fails, the buyer is entitled to withdraw from the contract, to demand a corresponding reduction in the purchase price or compensation.
7. Liability and Disclaimer
The Seller excludes liability for slightly negligent breaches of duty, provided no fundamental contractual obligations, damages arising from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents (employee, agent or representative).
8. Applicable law
8.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
9. place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
10. Data protection
The seller respects and protects the personal data of the customer. The customer's data will be processed within the framework of legal regulations for the purpose of contract processing and billing. The complete privacy policy can be found in the information provided under "Data protection guideline".
11. concluding provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain effective. In place of the invalid provision, statutory provisions shall then apply.
12. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
B. Revocation instruction
Consumers have a right of revocation under the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his self-employed professional activity.
right of revocation:
You have the right to revoke this contract within 1 month without giving reasons.
The revocation period is 1 month from the day on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (manbefair.com, Selma Müller, Alleestraße 66, 33790 Halle (Westphalia), telephone number: +49 5201 8579555, e-mail address: info@manbefair.com) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached specimen withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
*Consequences of revocation*
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
For orders from Germany we bear the costs of returning the goods. For orders from EU or non-EU countries, the buyer bears the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
*General information*
1) Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging.
2) Please do not send the goods back to us not unfree of charge.
3) Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Cancellation form
If you wish to cancel the contract, please complete and return this form.
An
manbefair
Selma Müller
Alleestr. 66
33790 Halle/Westphalia
Germany
E-mail: info@manbefair.com
I/we (*) hereby cancel 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 communicated on paper)
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date
(*) Delete as applicable
