GENERAL TERMS AND CONDITIONS / INFORMATION ON DATA PROTECTION / CANCELLATION POLICY + CANCELLATION FORM
Terms of contract concluded in the context of sales contracts via the e-commerce platform "Etsy" between (FrozenArtDE) - hereinafter "provider" - and the customers designated in § 2 of the contract - hereinafter "customer".
§ 1 Scope, definitions
(1) The provider offers physical or digital goods via the e-commerce platform "Etsy", whereby the provider merely provides the content of its subpage, the provider store (hereinafter: "FrozenArtDE").
(2) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
(3) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
(4) These General Terms and Conditions shall apply to the provision of digital content, unless otherwise expressly stipulated.
§ 2 Conclusion of contract
(1) The presentation of the goods in the store does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) Customer iSd contract is who submits an offer to purchase goods of the provider. The Customer can select products from the Provider's range and collect them in a so-called shopping cart via the button "add to cart". By clicking the button "order with obligation to pay", 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 by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the order of the customer has been received by the provider and does not constitute an acceptance of the application. The acceptance of the contract takes place through a separate declaration of acceptance by the provider, e.g. through the dispatch notification of the provider, at the latest through the receipt of the goods.
§ 3 Delivery, availability of goods
(1) Whether the goods are kept in stock or produced to order can be seen in the article descriptions. If the article description does not indicate this, production to order is to be assumed.
(2) The production period is calculated from the time of our order confirmation, prior payment of the purchase price provided. If no production period is specified in our store, the production period is 3 days.
(3) After expiration of the production period, the delivery period begins. If no delivery time is indicated in our store, the delivery time is usually 7 days.
(4) The following delivery restrictions apply: 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) A procurement risk is not assumed by us in any case. Our obligation to deliver is limited to goods from our stock of goods, including the stock of goods of our respective partner dealer.
Our obligation to deliver shall not apply if we ourselves are not supplied correctly and/or on time and are not responsible for the lack of availability, provided that we have informed you of this without delay. Any advance payment will be refunded in the event of non-availability.
The provider is not obliged to ensure permanent availability of the offer. This does not apply to orders that have already been placed.
(6) The provider delivers to the address that is specified as the shipping address during the ordering process. If additional costs (e.g. customs, etc.) arise from the shipment beyond 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 them. The latter applies in particular if the customer provides an incorrect delivery address.
(7) Digital contents are delivered to the customer exclusively in electronic form:
as download or email
§ 4 Prices and shipping costs
(1) The provider expressly points out that the stated sales taxes are tendered by "Etsy". Etsy" alone is responsible for compliance with the requirements under sales tax law, based on the information provided by the provider.
(2) The amount of shipping costs depends on the item description of the goods. The specified shipping method, may differ from the details of the item description, in particular due to economic considerations of the provider.
(3) The shipping risk is borne by the provider only insofar as the customer is a consumer iSd BGB.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 5 Terms of payment
(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.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the provider.
§ 6 Right of use for digital content
The Vendor grants the Customer the exclusive right to use the content provided for private purposes.
A transfer or resale of the content to third parties is not allowed.
§ 7 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 8 Defect Rights & Warranties
(1) Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
(2) In the case of contracts concluded with entrepreneurs, the following shall apply: Claims for material defects shall become statute-barred within one year of handover or delivery of the goods.
(3) In the case of the sale of used goods to consumers, the following shall apply: If the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
(4) In case of sale of used goods to entrepreneurs, the following shall apply: Any liability for material defects shall be excluded.
(5) The aforementioned restrictions and shortening of time limits vis-à-vis entrepreneurs and consumers do not apply to claims based on damages caused by the supplier, his legal representatives or vicarious agents
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, as far as agreed with the supplier himself or
- as far as the scope of application of the product liability law is opened.
(6) The Provider itself does not give any warranties beyond the statutory warranty. Insofar as the manufacturer of the goods gives a so-called manufacturer's warranty on the goods, you will find their exact conditions on the respective product page or in the respective product information in the store. The provider is not liable for the correctness of the information provided by the manufacturer regarding the warranty. The manufacturer alone is the opponent for claims arising from any manufacturer's warranty.
(7) A product marked "Recycled" is generally not considered used goods, unless the item description states otherwise.
§ 9 Liability
(1) For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty promises, as far as the supplier himself agrees, or
- as far as the scope of application of the product liability law is opened.
(2) In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
§ 10 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller.
(3) The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The contract remains binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
§ Privacy Policy :
In the context of contracting via the e-commerce platform etsy.com, operated by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: "Etsy"):
Abstract
I, the store operator, do not sell your data!
I treat your data extremely carefully and only need and use it to properly process the purchase you have made.
Introduction
This privacy policy expressly refers only to the collection, use, storage and forwarding of data over which we, as the operators of the above-mentioned store, also have control. We expressly point out that in order to be fully informed about the use of your data in connection with a purchase via our Etsy store, it is necessary, in addition to these provisions, to also examine the privacy policy of the e-commerce platform "Etsy" itself, the payment service provider used and the shipping service provider.
Definitions
For an explanation of the terms used here, reference is made to Art. 4 DSGVO.
Contact details of the responsible persons
You can reach the persons responsible for data collection under the following contact:
André Fröde
Auf der Worth 5
38704 Liebenburg
017646617271
frozenart38@hotmail.com
You can also contact us directly through our Etsy store and the associated messaging feature of "Etsy".
Minors
If you wish to agree to this data protection declaration, you must be at least 16 years old. If you have not yet reached this age, consent, i.e. prior approval, to this declaration by your legal guardian is absolutely necessary. Subsequent consent to this declaration is not possible.
Legal basis
The interference with your rights to the protection of your personal data requires a legal basis. We will disclose this to you.
We collect, use, store and forward data on the basis of Art. 6 (1) b) DSGVO, because the processing of your data is necessary for the performance of a contract or for the implementation of a pre-contractual measure taken at your request, to which you are or will be a party.
Purpose, nature and scope of data collection and use.
We would like to inform you about the purpose, type and scope of data collection and use.
The purpose of the data collection and use is to enable a legally secure and successful processing of the purchase contracts concluded via "Etsy" for all parties.
The type and scope of the collection and use are within the scope of what is absolutely necessary to achieve the purpose. Only personal data that is fit for purpose will be processed. If the data is no longer required to achieve this purpose, it will be deleted by us. In this context, we expressly point out that it may be necessary to retain individual data segments for a period of several years within the framework of tax obligations to provide proof, e.g. if this data is found on invoices. Insofar as this is expedient and legally possible for us, we anonymize the collected data. In addition, we are accountable to you also in that we document to an appropriate extent the processes related to your data.
We use your data to process your online purchases, orders, returns, and for notifications about delivery status or to respond to inquiries you make. Your data will also be used for the processing of payments, complaints, warranty claims, identity determinations. Which data we collect and use according to the purpose also depends on the product class you have chosen. In the case of a physical product, the collection of data about your name and address is in the foreground. If you wish to have your shipment tracked by the shipping service provider used, it may also be necessary to collect and use your e-mail address. The shipping service provider will of course also receive your address data from us.
Whereas with a digital product, a download option is provided by "Etsy", which is why the transfer of your data to a shipping service provider is not appropriate. The extent to which "Etsy" passes on your data to payment service providers is beyond our control. To what extent "Etsy" stores data about your usage behavior with regard to search queries, number of store visits, duration of use, etc. is not within our sphere of influence.
Recipients of your data are, on the one hand, we, the persons responsible for data collection. On the other hand, we use third parties to fulfill our tasks, who may also become recipients of your data to the extent necessary to fulfill the purpose. These third parties may be:
- the shipping service provider commissioned for fulfillment,
- service providers we use to advise our company (tax advisor, lawyer, etc.),
- service providers used to communicate with you and third parties.
Your data will only be passed on to the extent necessary for the fulfillment of the contract.
For a full assessment of your data usage, we advise you to also contact the relevant payment, shipping and communication service provider.
Ratings, comments & messages
The processing of your data by "Etsy", which arises during your use of rating, message and comment functions, is not subject to our influence. We process this data only insofar as this is necessary for the performance or preparation of the contract.
Your rights
We would also like to inform you that you have the right to request information about the status of your data from us at any time and free of charge. You can also request the rectification and deletion of your data. Regarding the latter, it must be said that this must be subject to the restrictions that the laws and the above-mentioned purpose require of us. Insofar as you request the deletion of your data, we will take care to pass this request also to the entities to which we had to pass your data to fulfill the purpose of collection.
You can revoke your consent to this privacy policy at any time, informally and without giving reasons. You also have a right of appeal to the supervisory authorities should you ever have any concerns about your data security. However, we hope that you will first contact us if you have any questions.
§ Imprint
Name of the responsible person/ or the managing director:
André Fröde
Business address: Auf der Worth 5, 38704 Liebenburg, Germany
Telephone number: 017646617271
E-mail address: frozenart38@hotmail.com
§ Cancellation policy
(1) In principle, consumers have a statutory right of revocation when concluding a distance selling transaction, about which the Provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraphs (2), (4), (5) and (6). In paragraph (3) you will find a model withdrawal form.
a. Cancellation Policy Right of Cancellation
You have the right to cancel this contract within fourteen 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. To exercise your right of withdrawal, you must inform us by means of a clear statement (for example, a letter sent by mail, WhatsApp message or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is 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, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 any fees because of this repayment.
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 the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation 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. This does not apply if the goods are such that they can not be returned by mail and they have been brought to your home by us at the conclusion of the contract.
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 testing the condition, properties and functioning of the goods.
(2) The right of withdrawal does not exist if the customer has the article individualized. Articles are individualized, if according to § 312g II No. 1 BGB the goods are not prefabricated and for their production an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer. This applies in particular to articles, with which with order or beyond that opposite the offerer a explanation was given, certain personalization desires at the article to make let (e.g. writings, engravings, etc.) and these personalization desires after production clearly impairs the chances of the resale to other persons.
(3) Digital downloads are excluded from revocation/exchange.
(4) The provider informs about the model revocation form according to the legal regulation as follows:
Sample cancellation form
(If you want to revoke the contract, you can fill out this form and send it to us) / (only for physical products).
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 the consumer(s)
Signature of the consumer(s)
(only in case of paper communication)
Date
(*) Delete where inapplicable
(4) Insofar as the contract concerns the provision of digital content not on a physical data carrier, the following shall apply: The withdrawal period shall commence upon conclusion of the contract. The digital product shall not be transferred to the customer until after the expiry of the revocation period. If the customer wishes to receive the digital product before the end of the withdrawal period, he must expressly declare that he wishes to receive the digital product before the end of the withdrawal period and that he waives his right of withdrawal and that he is aware that his right of withdrawal expires as a result of this declaration. In the case of a contract that does not oblige the consumer to pay a price, the right of withdrawal shall expire when the trader has begun to perform the contract.
(5) Insofar as the goods are a digital product which is developed according to the specifications of the Customer, within the meaning of § 327 IV BGB, paragraph IV of this cancellation policy shall apply accordingly, with the proviso that the Provider shall not begin developing the product until after the expiry of the cancellation period. If the Customer wants the development of the digital product to begin before the expiration of the revocation period, the Customer must expressly declare that the development of the digital product is to begin before the expiration of the revocation period and that the Customer waives its right of revocation and is aware that this declaration will void its right of revocation.
