AGB & revocation instruction
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Content:
Part I: General terms and conditions
Part II: Information on consumer right of withdrawal
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Part I - General Terms and Conditions
§ 1 - Provider, inclusion of the general terms and conditions
(1) Supplier and contractual partner for the goods presented in the Etsy-Shop "TOSCAminni-Schnittmanufaktur" is Silvia Vogt TOSCAminni-Schnittmanufaktur, Scheibenstraße 1, 94557 Niederalteich, Germany, telephone 09901902487, e-mail silvia.vogt@toscaminni.com (hereinafter referred to as "Supplier").
(2) These general terms and conditions are part of every contractual agreement between the supplier and the respective customer. Conflicting general terms and conditions of the customer are contradicted.
§ 2 - Offer of goods and conclusion of contract
(1) The supplier offers the articles shown in his Etsy-Shop "TOSCAminni-Schnittmanufaktur" for sale. The colour display of the items on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations are technically never completely avoidable.
(2) The selection of goods, conclusion of the contract and execution of the contract shall be made in the German language.
(3) The customer selects the desired goods by placing them in the "shopping basket". If all desired goods are contained there, the customer confirms this with the button "Go to checkout". The page with the heading "Please confirm your order" shows the customer a summary of all his entries. The order request can be transmitted to the supplier on this page via the button "Pay order". Up to this dispatch of his order wish, the orderer has the possibility at any time to correct his entries by going back one or more order steps in the browser, or to cancel the order completely.
(4) For the items displayed in his shop, the seller makes a binding purchase offer. With the dispatch of the order request via the button "order payable" the customer accepts the purchase offer. The supplier confirms the conclusion of the contract by e-mail (confirmation of contract).
(5) Etsy stores the content of a concluded contract (contract text) in the Etsy user account of the provider to which the customer has no access. If the customer does not order as a guest but has logged into his Etsy user account before completing the order, Etsy also stores the content of the concluded contract in the customer's Etsy user account, which can be accessed in the "Purchases and Ratings" section of the "You" menu. In any case, the customer receives an e-mail from Etsy with the contract text. Furthermore, the provider does not save the contract text himself and does not make it accessible outside the Etsy portal.
(6) In the event of obstacles to delivery or other circumstances that would prevent the fulfilment of the contract, the provider shall inform the customer by e-mail.
§ 3 - Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include the legal sales tax.
(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). Other payment methods may also be available in the shopping basket, e.g. PayPal or Klarna ("Immediately").
(4) Payments by the customer can be accepted on behalf of the provider by Etsy Ireland UC or Etsy Payments Ireland Limited, both domiciled at 66/67 Great Strand Street, Dublin 1, Ireland, or, in the case of payment in US dollars or Canadian dollars, by Etsy Inc., 117 Adams Street, Brooklyn, NY, USA, (hereinafter referred to as "Etsy"). In this case, Etsy will forward the amount paid to the provider.
(5) The supplier retains title to the delivered goods until the customer has paid the purchase price in full.
§ 4 - Right of revocation
(1) A purchaser who purchases as a consumer is entitled to a right of revocation in accordance with the statutory conditions.
(2) A consumer 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.
(3) A consumer with permanent residence outside Germany is granted a right of withdrawal by the provider in accordance with the above paragraphs even if the national law of the consumer does not provide for a right of withdrawal or the revocation is linked to a shorter period or a stricter form than regulated here.
§ 5 - Warranty (liability for defects)
Warranty claims of the customer (also referred to as liability for defects) exist in accordance with the statutory provisions.
§ 6 - Out-of-court settlement of disputes
(1) The EU Commission provides an online platform at ec.europa.eu/consumers/odr (OS platform) for the out-of-court settlement of disputes arising from a distance contract with a consumer.
(2) The provider is prepared to participate in an out-of-court consumer dispute settlement procedure.
§ 7 - Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers with permanent residence abroad if the national law of the consumer contains provisions from which the consumer cannot deviate by contract at his expense.
(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
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Part II: Information on consumer right of withdrawal
Cancellation policy for goods delivered by post
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Silvia Vogt TOSCAminni-Schnittmanufaktur, Scheibenstraße 1, 94557 Niederalteich, Germany, telephone 09901902487, e-mail silvia.vogt@toscaminni.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
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 or to TOSCAminni-Schnittmanufaktur, Scheibenstraße 1, 94557 Niederalteich without delay and in any event within fourteen days of the date on which you notify us of the revocation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
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Cancellation Policy for Digital Content
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Silvia Vogt TOSCAminni-Schnittmanufaktur, Scheibenstraße 1, 94557 Niederalteich, Germany, telephone 09901902487, e-mail silvia.vogt@toscaminni.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
olgen of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
Expiry of the right of revocation
Your right of withdrawal expires as soon as we have begun to execute the contract, provided that you have expressly agreed that we will begin to execute the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal as a result of your agreement as of the start of execution of the contract.
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Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
In the case of contracts for the delivery of sound or video recordings or computer software in a sealed package, the right of revocation expires if the seal is removed after delivery.
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Sample withdrawal form
(If you want to cancel the contract, please fill in this form and send it back)
- To Silvia Vogt TOSCAminni-Schnittmanufaktur, Scheibenstraße 1, 94557 Niederalteich, Germany, e-mail silvia.vogt@toscaminni.com:
- I/we (﹡) hereby cancel the contract concluded by me/us (﹡) for the purchase of the following goods (﹡) / the provision of the following services (﹡)
- Ordered on (﹡) / received on (﹡)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
- date
(﹡) Delete as appropriate.
