General terms and conditions & cancellation policy
General terms and conditions & cancellation policy
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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. Terms and Conditions with Customer Information
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Grant of Use Rights for Digital Content
7. Retention of Title
8. Liability for Defects
9. Special conditions for the processing of goods according to specific customer specifications
10. Governing Law
11. Alternative Dispute Resolution
12. Code of Conduct
B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Contact
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
B. Information on data protection
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1. Information about the collection of personal data and contact details of the person responsible
2. Contact
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
C. Cancellation policy
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1 Introduction
2. Right of Withdrawal
3. Consequences of revocation
4. Exclusion or premature expiry of the right of withdrawal
D. Withdrawal Form
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A. Terms and Conditions with Customer Information
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1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Dr. Angelika Schmitt, trading under "DerLilly" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the seller on the Internet trading platform Etsy ( hereinafter referred to as "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 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 by 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 on the button that concludes the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with these General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this.
2.4 Before submitting a binding 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 the binding submission of the order as part of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The German language is available for the conclusion of the contract.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Sales tax is not shown because the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise 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 banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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 When paying using a payment method offered via the "Etsy Payments" payment service, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in 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 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 is/are displayed to the customer in the respective offer from the seller or as part of the order processing. More information about Etsy Payments and the terms of use are available here: etsy.com/de/legal/etsy-payments/?ref=list
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive.
5.2 If 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation 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 delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 Digital Content will be provided to Customer as follows:
- via download
- by email
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the seller's content description on Etsy, the seller grants the customer the non-exclusive, spatially and temporally unrestricted right to use the content for private and commercial purposes.
6.2 A transfer of the content 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.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects
8.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
8.3 The limitations of liability and reductions in deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to specific customer specifications
9.1 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 certain specifications of the customer, the customer must provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
9.2 The customer shall indemnify the seller against claims by third parties which the latter may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's 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 with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
10) Governing Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any 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.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under 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 purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12) Code of Conduct
The seller has submitted to the conditions of participation for the e-commerce initiative "Fairness in trade", which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.
C. Cancellation policy
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Introduction
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
In the case of contracts for the delivery of goods, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In the case of contracts for the delivery of data that is not on a physical data carrier and that is produced and provided in digital form (digital content), the cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must send us (Dr. Angelika Schmitt, DerLilly, Gerokstrasse 7, 72131 Ofterdingen, Germany, Tel.: 07473-9190018, email: angelika.schmitt@derlilly.de) a clear statement (e.g. B. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees 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 sent back the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than twenty-one days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of twenty-one days has expired.
You bear the direct costs 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 cancellation expires prematurely for contracts for the provision of digital content if we have started to fulfill the contract after you have expressly agreed that we will start to fulfill the contract before the cancellation period has expired, you have confirmed to us that you are aware that by your consent lose your right of cancellation when performance of the contract begins, and we have provided you with a confirmation of the contract on a durable medium, in which the content of the contract, including the aforementioned requirements for the premature expiration of the right of cancellation, is reproduced.
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D. Withdrawal Form
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If you want to revoke the contract, please fill out this form and send it back.
At
dr Angelica Schmitt
TheLilly
Gerokstrasse 7
72131 Ofterdingen
Germany
Email: angelika.schmitt@derlilly.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only if notification is on paper)
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Date
(*) Delete where not applicable
Copyright notice: These terms and conditions were created by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 04/16/2023, 16:47:48
