GB & CANCELLATION POLICY
General Terms and Conditions with Customer Information & Information on Data Protection & Cancellation Policy & Withdrawal Form
Table of Contents
A. General Terms and Conditions with Customer Information
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Special Conditions for the Processing of Goods According to Customer Specifications
Applicable Law
Alternative Dispute Resolution
B. Information on Data Protection
Information on the Collection of Personal Data and Contact Details of the Controller
Contacting Us
Data Processing for Order Handling
Rights of the Data Subject
Duration of Storage of Personal Data
Reference to the Etsy Privacy Policy
C. Cancellation Policy
Right of Withdrawal
Consequences of Withdrawal
Exclusion or Premature Expiry of the Right of Withdrawal
D. Withdrawal Form
A. General Terms and Conditions with Customer Information
1) Scope of Application 1.1 These General Terms and Conditions (hereinafter "GTC") of Jan Tonnet (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract 2.1 By listing 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 provided on Etsy. To do this, the Customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking the button that concludes the ordering process, the Customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the Customer is concluded. 2.3 The contract text will be stored by the Seller and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the conclusion of the contract, together with these GTC and customer information. The Seller will not make the contract text accessible beyond this. 2.4 Before bindingly submitting the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct their entries using the usual keyboard and mouse functions as part of the electronic ordering process before bindingly submitting the order. 2.5 The German language is exclusively available for the conclusion of the contract.
3) Right of Withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the Seller's cancellation policy. 3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices. VAT is not shown because the Seller is a small business owner (Kleinunternehmer) within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs incurred are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may apply 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 money transfers 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 money transfer 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. 4.3 The payment option(s) will be communicated to the Customer in the Seller's offer on Etsy. 4.4 If payment is made using a payment method offered via the "Etsy Payments" payment service, the payment processing takes place via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or—if payment is made in US dollars or Canadian dollars—via 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 various payment methods within the framework of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be displayed to the Customer in the respective offer of the Seller or as part of the order processing. Further information on and the terms of use of Etsy Payments can be found here: etsy.com/legal/etsy-payments/?ref=list 4.5 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date. 4.6 If the payment method "PayPal" is selected, the payment processing is carried out via 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, viewable at paypal.com/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 Unless otherwise agreed, goods are delivered by dispatch to the delivery address specified by the Customer. The delivery address specified in the order processing at Etsy is decisive for the transaction processing. Deviating from this, if the PayPal payment method is selected, 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 attributable to the Customer, 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 initial shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's cancellation policy applies to the return costs. 5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of Title If the Seller makes advance performance, they reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty) 7.1 If the purchased item is defective, the provisions of statutory liability for defects apply. 7.2 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Special Conditions for the Processing of Goods According to Customer Specifications 8.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific specifications of the Customer, the Customer must provide the operator with all content required for the processing, such as texts, images, or graphics in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary usage rights. The Customer is solely responsible for procuring and acquiring rights to this content. The Customer declares and accepts responsibility for ensuring that they have the right to use the content provided to the Seller. In particular, they ensure that no rights of third parties are violated hereby, in particular copyright, trademark, and personal rights. 8.2 The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with a violation of their rights through the contractual use of the Customer's content by the Seller. The Customer assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information required for the examination of the claims and a defense. 8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or public policy. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or violence-glorifying content.
9) Applicable Law 9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For 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 their habitual residence is not withdrawn. 9.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Alternative Dispute Resolution 10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
B. Information on Data Protection
1) Information on the Collection of Personal Data and Contact Details of the Controller 1.1 We are pleased that you are visiting our Etsy presence (hereinafter "Website") and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified. 1.2 The controller for data processing within the meaning of the General Data Protection Regulation (GDPR) is Jan Tonnet, Graf-Schellart-Weg 28, 52355 Düren, Germany. The controller 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 the processing of personal data.
2) Contacting Us When contacting us (e.g., via contact form or e-mail), personal data is collected. Which data is collected can be seen from the contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 (1) lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been finally clarified and provided that there are no statutory retention obligations to the contrary.
3) Data Processing for Order Handling 3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution as part of the payment processing, insofar as this is necessary for the payment processing. If payment service providers are used, we explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 (1) lit. b GDPR. 3.2 When using the payment method Etsy Payments, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, payment processing takes place via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 (1) lit. b GDPR and only insofar as this is necessary for payment processing. For further data protection information, please refer to Etsy's privacy policy: etsy.com/legal/privacy/ 3.3 When paying by credit card via PayPal or by direct debit via PayPal, we pass on your payment data 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 transfer takes place in accordance with Art. 6 (1) lit. b GDPR and only insofar as this is necessary for payment processing.
4) Rights of the Data Subject 4.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we inform you below:
Right of access pursuant to Art. 15 GDPR: In particular, you have a right to obtain information about your personal data processed by us, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage duration or the criteria for determining the storage duration, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing concerning you, as well as your right to be informed about which guarantees exist pursuant to Art. 46 GDPR when your data is transferred to third countries;
Right to rectification pursuant to Art. 16 GDPR: You have a right to the immediate rectification of incorrect data concerning you and/or the completion of your incomplete data stored by us;
Right to erasure pursuant to Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not exist in particular if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data contested by you is being verified, if you refuse the erasure of your data due to inadmissible data processing and instead request the restriction of the processing of your data, if you need your data for the establishment, exercise, or defense of legal claims after we no longer need this data after the purpose has been achieved, or if you have lodged an objection on grounds relating to your particular situation, as long as it has not yet been determined whether our legitimate grounds prevail;
Right to notification pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
Right to data portability pursuant to Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request the transmission to another controller, insofar as this is technically feasible;
Right to withdraw consent given pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent to the processing of data once given at any time with effect for the future. In the event of withdrawal, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal;
Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data relating to you infringes the GDPR, you have the right—without prejudice to any other administrative or judicial remedy—to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
4.2 RIGHT TO OBJECT IF, WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION. 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 COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS. IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, 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 THE OBJECTION 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 based on the respective legal basis, the processing purpose and—if relevant—additionally based on the respective statutory retention period (e.g., retention periods under commercial and tax law). When processing personal data on the basis of express consent pursuant to Art. 6 (1) lit. a GDPR, this data is stored until the data subject withdraws their consent. If there are statutory retention periods for data that is processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract fulfillment or contract initiation and/or we have no continued legitimate interest in further storage. When processing personal data on the basis of Art. 6 (1) lit. f GDPR, this data is stored until the data subject exercises their right to object pursuant to Art. 21 (1) GDPR, unless we can prove compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims. When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) lit. f GDPR, this data is stored until the data subject exercises their right to object pursuant to Art. 21 (2) GDPR. Unless otherwise stated in the other information in this declaration regarding specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to the Etsy Privacy Policy For all further data processing that goes beyond the data processing described above, the Etsy platform is responsible. Further information on Etsy's data protection can be found in Etsy's privacy notices: etsy.com/legal/privacy/?ref=ftr
C. Cancellation Policy
Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must inform us (Jan Tonnet, Graf-Schellart-Weg 28, 52355 Düren, Germany) by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement. We may withhold reimbursement for contracts regarding the delivery of goods until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than twenty-one days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of twenty-one days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
D. Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
To
Jan Tonnet Zülpicher Straße 135 52349 Düren Germany E-Mail: phoneticgenius@gmail.com
I/We () hereby withdraw from 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 if notified on paper)
Date (*) Delete as appropriate
