General Terms & Conditions & Cancellation Policy
General Terms and Conditions (GTC) with customer information and information on data protection as well as revocation policy including sample revocation form
Table of contents
I. General Terms and Conditions with Customer Information
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. granting of rights of use for digital contents
7. retention of title
8. liability for defects
9. applicable law
10. alternative dispute resolution
I. Information on data protection
1. information on the collection of personal data and contact details of the person responsible.
2. contacting
3. data processing for order handling
4. rights of the person concerned
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
7. tools and miscellaneous
III. revocation policy
1. right of revocation
2. consequences of the revocation
3. exclusion or premature expiration of the right of revocation
IV. Cancellation form
V. Warranty
I. General terms and conditions with customer information
1 Scope of application
→ These General Terms and Conditions (hereinafter "GTC") of Heike Kuschel, trading under "Lernfitness" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer / Buyer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed in advance.
→ For contracts for the supply of digital content, these GTC apply accordingly, unless something different is expressly regulated in this respect.
→ For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his commercial or independent professional activity.
→ Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of contract
→ By posting an item on Etsy, a seller makes a binding offer to sell this item.
→ The customer can purchase the seller's offer via the online order form provided on Etsy. To do this, the customer must 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.
→ The text of the contract shall be stored by the seller and sent to the customer in text form (e.g. e-mail or as part of an instant download) after conclusion of the contract together with these GTC and customer information. A further accessibility of the contract text by the seller himself does not take place.
→ Before bindingly placing 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions.
→ The contract is available exclusively in German.
3) Right of withdrawal
→ Consumers are generally entitled to a right of withdrawal.
→ More information on the right of withdrawal can be found in the seller's cancellation policy.
→ The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
→ The prices stated by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are indicated separately in the respective product description.
→ For deliveries to countries outside the European Union, additional costs ( costs for the transfer of money by credit institutions such as transfer fees, exchange rate fees or import duties or taxes, e.g. customs duties) may be incurred in individual cases, for which the seller is not responsible and which are to be borne by the customer.
Such costs may also be incurred in relation to the transfer of funds 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.
→ The payment options are communicated to the customer in the seller's offer on Etsy.
→ In the case of payment by means of a payment method offered via the "Etsy Payments" payment service, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies 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 as part of the payment processing via Etsy Payments. For the processing of payments, Etsy UC or Etsy Inc. may use the payment services of third parties. 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. More information about and the terms of use of Etsy Payments are available here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
→ The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy is decisive.
→ If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the seller as a result. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.
→ Digital content shall be provided to the customer exclusively in electronic form as follows:
- via download
6) Granting of rights of use for digital content
→ Unless otherwise stated in the DeepL description of the seller on Etsy, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
→ A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
→ The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects
→ If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
→ Deviating from this, the following shall apply to used goods: Claims for defects are excluded if the defect occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the period of liability to one year shall not apply to
- for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
→ If the customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) Applicable law
→ The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
→ Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Alternative dispute resolution
→ The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
II. Information on data protection
1) Information about the collection of personal data and contact details of the responsible person.
→ We are pleased that you visit Etsy store and thank you for your interest. In the following, I inform you about the handling of your personal data when using our website. Personal data here is any data by which you can be personally identified.
→ The person responsible for data processing within the meaning of the General Data Protection Regulation (DSGVO) is.
Heike Kuschel,
Mutter Teresa Str. 17,
D-41352 Korschenbroich
E-mail: lernfitness@outlook.com
Internet: https://www.lernfitness.com/
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Contacting
When contacting us (e.g. via contact form or e-mail), personal data is collected. You can see what this data is from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request, as soon as the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order processing
→ The personal data collected by us will be passed on to the shipping 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 within the framework of payment processing, insofar as this should be necessary for payment processing. If payment service providers are used, we inform explicitly about this below. The legal basis for the transfer of data is here Art. 6 para. 1 lit. b DSGVO.
→ When using the payment method Etsy Payments, the payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (Etsy UC), unless the payment is made in the currencies US dollars or Canadian dollars. In this case, the payment will be processed by Etsy Inc, 117 Adams Street, Brooklyn, NY 11201 , United States of America (Etsy Inc). The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
You can read more data protection information in the privacy policy of Etsy: https://www.etsy.com/de/legal/privacy/
4) Rights of the data subject
→ The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right of access pursuant to Art. 15 DSGVO: You have the right to obtain information about your personal data processed by us, the purposes of 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, on the existence of a right to rectification, erasure, restriction of processing, to object to processing, to lodge a complaint with a supervisory authority, on the origin of your data if it has not been collected from you by us, on the existence of automated decision-making -including profiling- and on your right to be informed which guarantees exist in accordance with Art. 46 DSGVO if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 DSGVO: You have the right to rectify your data and / or complete your data stored by us;
- Right to erasure pursuant to Art. 17 DSGVO: You have the right to request the erasure of your personal data if the requirements of Art. 17 (1) DSGVO are met. This right does not apply if the processing is necessary for the exercise of the right to 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.
- Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing of personal data against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format
- Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time for future personal data collection. In the event of revocation, we will delete the data concerned without delay. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
- Right to lodge a complaint pursuant to Art. 77 DSGVO: If you have concerns that the processing of personal data concerning you is in breach of the GDPR, you have the right to lodge a complaint with a local data protection authority, without prejudice to any other administrative or judicial remedy.
4.2 Right to object
If you exercise your right to object to the processing of personal data, it will no longer be collected in the future. I will then terminate the processing of the data. If your personal data is used for direct marketing purposes, you may also object to this. In the event of your objection, I will of course terminate the further processing of data for the purpose of direct marketing.
5) Duration of the storage of personal data
The duration of the storage of personal data is measured by the respective legal basis, the purpose of processing and the respective legal retention period.
When personal data is processed on the basis of explicit consent pursuant to Art. 6 (1) lit. a DSGVO, this data is stored until the person concerned revokes his consent.
As a rule, personal data that is no longer required will be routinely deleted by me at regular intervals if it is no longer necessary for the purposes for which it was collected or otherwise processed, provided that it is no longer required for the performance of a contract or the initiation of a contract and/or there is no continued legitimate interest on our part in its storage.
When processing personal data on the basis of Art. 6(1)(f) DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21(1) DSGVO, unless the processing serves the purpose of asserting, exercising or defending legal claims.
When processing personal data for the purpose of direct marketing based on Art. 6 (1) f DSGVO, this data will be stored until the data subject exercises his right to object pursuant to Art. 21 (2) DSGVO.
6) Reference to the privacy policy of the platform etsy.com.
The platform Etsy is responsible for all further data processing beyond the data processing described above. For more information on Etsy's data protection, please see Etsy's privacy policy:
https://www.etsy.com/de/legal/privacy/?ref=ftr
III. cancellation policy / sample form for cancellation
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, 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 last goods.
In the case of contracts for the delivery of data that is not on a physical medium and that is produced and made available in digital form (digital content), the withdrawal period shall be fourteen days from the day on which the contract is concluded.
In order to exercise your right of withdrawal, you must send me
Heike Kuschel,
Mother Teresa Str. 17,
D-41352 Korschenbroich
e-mail: lernfitness@outlook.com
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form (see below) for this purpose. (Of course, you can also formulate it freely).
To comply with the withdrawal period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 most 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 for this repayment.
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 the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than 21 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 21 days.
You shall bear the direct costs of returning the goods.
Exclusion / premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which 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 does not apply to buyers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address at the time of conclusion of the contract is outside the EU.
The right of withdrawal expires prematurely for contracts for the delivery of digital content if the execution of the contract has begun after you, as the buyer, have expressly agreed that we begin the execution of the contract before the expiration of the withdrawal period and the buyer has confirmed his knowledge that he loses his right of withdrawal through his agreement with the beginning of the execution of the contract. (§ 356 paragraph 5 BGB)
IV. Model form for revocation
If you want to revoke the contract, please fill out this form and send it back.
To
Heike Kuschel,
Mother Teresa Str. 17,
41352 Korschenbroich
E-mail: lernfitness@outlook.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 (*) __________________
________________________________________________________
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
V. Warranty
The legal warranty regulations apply.
