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General terms and conditions of contract in the context of sales contracts,
concluded via the e-commerce platform "Etsy" between
between
Ewelina Patrzalek, Wiener Straße 114, Object 1, Top 120, 2483 Ebreichsdorf, Austria
- hereinafter referred to as "Seller" -
and
the customers referred to in § 2 of the contract
- hereinafter referred to as the "Customer -
are concluded.
§ 1 Scope of application, definitions
(1) The provider offers physical goods via the e-commerce platform "Etsy", whereby the provider merely provides the content of its subpage, the provider shop (hereinafter: "Shop"). The terms and conditions of "Etsy" can be found at www.etsy.com.
(2) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the Customer. Deviating general terms and conditions of the customer are not recognized unless the provider has previously expressly agreed to their validity in writing.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The presentation of the goods in the shop does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) A customer within the meaning of the contract is anyone who submits an offer to purchase goods from the supplier. The customer can select products from the provider's range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "pay with Visa/Mastercard/American Express, Klarna or PayPal" or "order subject to payment", the customer submits a binding offer to purchase the goods in the shopping cart. By sending the offer, the customer accepts these contractual provisions and thereby incorporates them in his offer declaration.
(3) "Etsy" takes over parts of the electronic communication with the customer independently and can, for example, send the customer an automatic application receipt confirmation by e-mail in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The acceptance of the contract is only effected by a separate declaration of acceptance by the provider, e.g. by the provider's dispatch notification, but at the latest by sending the goods.
§ 3 Delivery, availability of goods
(1) The goods are produced to order.
(2) The production time is calculated from the time of receipt of the order confirmation by the supplier and receipt of the payment by the supplier until the dispatch of the goods. It is always stated as an estimate on the article page and is usually between 1 and 5 working days.
(3) The delivery period begins with the dispatch of the goods. The estimated delivery period is indicated on the respective item page. This is usually between 3 and 5 working days. Both the production period and the delivery period are based on experience and are estimates. Exceeding the stated times does not entitle the customer to withdraw from the contract, unless the supplier is not in a position to dispatch the ordered goods even after the stated times have expired and a grace period of three weeks has been set in writing.
(4) The supplier only delivers to customers whose billing address and delivery address is in one of the countries available in the shipping settings of the item.
(5) The provider is not obliged to ensure permanent availability of the offer. An obligation to deliver already triggered by the conclusion of the contract does not apply if the provider is not responsible for the lack of availability and has informed the customer immediately about the lack of availability. In this case, at the customer's option, either a period of grace for delivery shall be agreed or any advance payment already received shall be refunded.
(6) The supplier delivers to the address that is specified as the shipping address during the order process. If additional costs (e.g. customs duty, etc.) arise from the shipment over and above the shipping costs, these are to be borne by the customer. The customer shall also bear the costs resulting from failed shipping attempts, insofar as he is responsible for these. The latter applies in particular if an incorrect or incomplete delivery address was given.
§ 4 Retention of title
The delivered goods remain the property of the supplier until payment has been made in full.
§ 5 Prices and shipping costs
(1) The amount of the shipping costs depends on the item description of the goods. The stated shipping method is not part of the agreement between the contracting parties and may differ from the information in the item description.
(2) The shipping risk shall only be borne by the supplier insofar as the customer is a consumer. In all other cases, the customer bears the shipping risk.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment. This does not apply if the customer would be exposed to disproportionate difficulties by returning the goods.
§ 6 Payment modalities
(1) The payment methods are provided by "Etsy", which is why the provider is not liable for any transaction risk.
(2) Payment of the purchase price is due upon submission of the purchase request. In the event of default, interest in the amount of 4% p.a. shall be deemed to have been agreed. Furthermore, the customer shall pay the costs of legal action arising from his default.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the supplier.
§ 7 Warranty
(1) Unless otherwise expressly agreed below, the statutory warranty shall apply.
(2) In the case of contracts concluded with entrepreneurs, claims for material defects become statute-barred within one year of the dispatch of the goods.
(3) The restrictions and shortening of time limits in accordance with § 7 and § 8 vis-à-vis entrepreneurs do not apply to claims based on damage caused by the supplier, his legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on
- within the scope of a guarantee promise, insofar as this has been agreed with the supplier himself, or
- within the scope of application of the Product Liability Act.
§ 8 Liability
Claims of entrepreneurs from the title of compensation for damages are limited to intent and gross negligence.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which the supplier provides information below. The exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form is provided at the end of these GTC.
a. Cancellation policy Right of cancellation
As a consumer, you have the right to cancel this contract within fourteen (14) days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform me of your decision to withdraw from this contract by means of a clear declaration (e.g. message sent on Etsy, email message or letter sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
b. Consequences of the revocation
If you revoke this contract, I shall reimburse you all payments I have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favourable standard delivery offered by me), without undue delay and at the latest within fourteen days from the day on which I have received the notification of your revocation of this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
I may refuse repayment until I have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to me without undue delay and in any event no later than fourteen days from the day 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 period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
(2) The right of withdrawal does not apply if the customer has the item customised. Articles are individualised if the goods are not prefabricated and an individual selection or determination by the consumer is decisive for their manufacture or if they are clearly tailored to the personal needs of the consumer. This applies in particular to articles for which a declaration was made to the supplier at the time of the order or moreover, to have certain personalisation requests made to the article (e.g. lettering, engravings, etc.) and these personalisation requests after production clearly affect the chances of resale to other persons.
(3) Entrepreneurs do not have a right of withdrawal.
§ 10 Data protection
The more detailed provisions concerning the processing of customer data and the rights of customers can be found in my data protection declaration.
§ 11 Final provisions
(1) The works and contents offered by the provider on the website or in the shop are subject to copyright. Any kind of exploitation, reproduction, processing and other use for commercial purposes requires the prior express written consent of the provider.
(2) Every effort has been made to ensure the accuracy and completeness of the information and links contained on this website. However, we do not guarantee that the information provided on this website is up-to-date, correct and complete. The same applies to the content of external websites to which this site refers directly or indirectly via hyperlinks.
(3) Contracts between the provider and the customer shall be governed by the law of the Republic of Austria - to the extent permissible - with the exception of the referral provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
(4) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes in connection with contractual relationships between the customer and the provider shall be the court with subject-matter jurisdiction for 1010 Vienna, Austria in this matter.
(5) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, insofar as these exist and are permissible.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
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 consumer(s)
____________________________________
Signature of the consumer(s) (only in case of paper communication)
Date
____________________________________
(*) Delete where inapplicable