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General terms and conditions with customer information & information on data protection & cancellation policy & cancellation form
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Table of contents
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A. General terms and conditions with customer information
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects
8. special conditions for the processing of goods in accordance with certain specifications of the customer
9. applicable law
10. place of jurisdiction
11. alternative dispute resolution
12. code of conduct
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. contacting
3. data processing for order processing
4. rights of the data subject
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
C. Cancellation policy
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1. right of withdrawal
2. consequences of revocation
3. exclusion or premature expiration of the right of withdrawal
D. Revocation Form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereafter "GTC") of iGoSolid GmbH (hereafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereafter "Customer") concludes with the Seller regarding the goods displayed by the Seller on the internet trading platform Etsy (hereafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 By placing an item on Etsy, the seller makes a binding offer to sell this item.
2.2 The customer can accept the seller's offer via the online order form available at Etsy. For this purpose, the Customer must first place the desired article in the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button concluding the ordering process, the Customer declares the acceptance of the offer, whereby a sales contract is concluded for the goods previously selected by the Customer.
2.3 The text of the contract will be saved by the seller and sent to the customer after conclusion of the contract together with the present terms and conditions and customer information in text form (e.g. e-mail, fax or letter). The seller himself does not make the contract text accessible beyond this.
2.4 Before the binding submission of the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for a better recognition of input errors can be the enlargement function of the browser, with whose help the representation on the screen is enlarged. The customer can correct his input before binding submission of the order within the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller's revocation policy.
4) Prices and terms of payment
4.1 The prices stated by the seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 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 borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate charges) 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 to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's offer at Etsy.
4.4 The Seller enables the payment via the payment method Etsy Payments. The Customer may use the payment methods offered to him/her within the scope of Etsy Payments.
If this payment method is used, the payment will be handled by Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland (hereinafter Etsy UC), unless payment is made in US dollars or Canadian dollars. In this case, the payment will be processed through 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 different payment methods in the form of
- Credit cards
- Debit/bank cards
- Etsy vouchers and Etsy credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (only in the Netherlands)
- Immediately (Austria and Germany)
- Apple Pay
- Android pay
Etsy UC or Etsy Inc. may use other payment service providers for the processing of payments.
Further information on and the terms of use of Etsy Payments are available here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the article and the location of the customer, the above-mentioned payment methods may only be available to a limited extent. The specific payment method(s) available for the respective goods is/are indicated to the customer in the respective offer of the seller or within the scope of the order processing.
4.5 If advance payment by bank transfer has been agreed upon, payment shall be due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.6 If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.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 is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the order processing at Etsy is decisive for the transaction. Deviating from this, when choosing the payment method PayPal, the delivery address deposited 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 for the return shipment if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation policy shall apply to the costs of return shipment.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, the seller is responsible for processing the goods in accordance with certain specifications of the customer in addition to the delivery of the goods, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's contents by the Seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) Legal venue
If the customer acts as a merchant, legal entity under public law or 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's registered office is outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract 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 shall in any case be entitled to appeal to the court at the Customer's place of business.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://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.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
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B. Information on data protection
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1) Information on the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our Etsy website (hereinafter referred to as "website") and thank you for your interest. In the following we inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the German Data Protection Act (DSGVO) is iGoSolid GmbH, Brunhamstraße 21, 81249 Munich, Germany, Tel.: 0173 / 3558020, E-Mail: info@igosolid.com. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) Making contact
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected; you can see which data this is from the contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after the final processing of your request; this is the case if it can be concluded from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal obligations to retain data.
3) Data processing for order processing
3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the framework of the contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
3.2 The order is processed via the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data are passed on to Billbee in accordance with Art. 6 Para. 1 lit. b DSGVO exclusively for processing the online order. Your data will only be passed on if this is actually necessary for processing the order. Details on data protection at Billbee and the Billbee data protection declaration can be viewed on the Billbee website at "billbee.io".
3.3 If the payment method Etsy Payments is used, payment shall be processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as Etsy UC), unless payment is made in US dollars or Canadian dollars. In this case, the payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as Etsy Inc.). The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of the payment.
For further information on data protection law, please refer to the Etsy data protection declaration: https://www.etsy.com/de/legal/privacy/
3.4 If you pay by credit card via PayPal or by direct debit via PayPal, we will pass on your payment details to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payments.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the person responsible for processing your personal data, about which we inform you below:
- Right to information in accordance with Art. 15 DSGVO: You have in particular the right to information about your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling and, where applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees that apply pursuant to Art. 46 DPA when your data is transferred to third countries;
- Right of rectification in accordance with Art. 16 DPA: You have the right to rectify any inaccurate data concerning you and/or to complete any incomplete data held by us without delay;
- Right to deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- Right to restrict processing in accordance with Art. 18 DPA: You have the right to request the restriction of the processing of your personal data for as long as the accuracy of your data, which you dispute, is checked; if you refuse to delete your data on the grounds of unlawful processing and instead request the restriction of the processing of your data; if you need your data to assert, exercise or defend legal claims, after we no longer need them after the purpose has been achieved; or if you have lodged an objection on the grounds of your particular situation, as long as it is not yet clear whether our legitimate reasons outweigh the objection;
- Right to be informed in accordance with Art. 19 DSGVO: If you have asserted the right of rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
- Right to data transferability in accordance with Art. 20 DSGVO: You have the right to receive the personal data you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party, insofar as this is technically feasible;
- Right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke at any time with effect for the future any consent to the processing of data once granted. In the event of revocation, we will delete the data concerned immediately, unless further processing cannot be based on a legal basis for processing without consent. Revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
- Right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data concerning you is in breach of the DPA, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, in which you work or in which the alleged breach occurred, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS DUE TO OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of express consent pursuant to Art. 6 Paragraph 1 letter a DSGVO, this data is stored until the person concerned revokes his or her consent.
If there are legal retention periods for data which are processed within the framework of legal or similar obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, these data are routinely deleted after expiry of the retention periods, provided that they are no longer required for the fulfilment or initiation of the contract and/or we have no justified interest in further storage.
When personal data are processed on the basis of Art. 6 Para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 Para. 1 DSGVO, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
In the case of processing of personal data for the purpose of direct advertising on the basis of Art. 6 para. 1 lit. f DSGVO, these data are stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 2 DSGVO.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Etsy privacy statement
The Etsy platform is responsible for all further data processing beyond the data processing described above. Further information on Etsy's data protection can be found in the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal you must inform us (iGoSolid GmbH, Brunhamstraße 21, 81249 Munich, Germany, phone: 0173 / 3558020, email: info@igosolid.com) by means of a clear statement (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we 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 refund.
In the case of contracts for the supply of goods, 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 earlier.
You must return or hand over the goods to us immediately and in any event no later than within twenty-one days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the twenty-one day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
Exclusion or premature expiration of the right of withdrawal
The right of revocation 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 in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
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D. Revocation Form
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If you want to cancel the contract, please fill out this form and send it back.
To
iGoSolid GmbH
Brunham Street 21
81249 Munich
Germany
e-mail: info@igosolid.com
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 (*) __________________________
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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 in case of communication on paper)
_________________________
Date
(*) Delete as applicable
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Copyright notice: These terms and conditions have been prepared by the specialist lawyers of the IT law firm under the DOCID: ##ITK-50171a072d6d881bd69500038984db76## and are protected by copyright (www.it-recht-kanzlei.de).
version: 202003291510
