General terms and conditions
Table of Contents
A. General Terms and Conditions
1. Scope of Application
2. Conclusion of the contract
3. Prices and terms of payment
4. Right to cancel
5. Provision of digital contents and granting of rights of use
6. Liability for defects
7. Applicable law
8. Alternative Dispute Resolution
B. Instructions for cancellation
1. Cancellation policy
a. Right to cancel
b. Effects of cancellation
c. Expiration of the right to cancel
2. Cancellation form
A. General Terms and Conditions
1. Scope of Application
a. These General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of any contractual agreement concluded between Anna Liesche, trading as "MyPrettyPapery" (hereinafter referred to as "Trader") and the respective consumer or trader (hereinafter referred to as "Customer") via the internet trading platform Etsy, which has as its object the provision of digitally accessible design templates (digital content).
b. The inclusion of conflicting GTC of the Customer is hereby objected to.
c. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to a mainly commercial nor a self-employed occupational activity, see § 13 BGB..
d. A trader is a natural or legal person or company with legal personality who, when concluding a legal transaction, acts in the the performance of a commercial or self-employed occupational activity, see § 14 BGB.
e. Digital content is data which is not contained on a tangible medium but which is produced and supplied in
digital form and provided to the customer by the seller with the granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of the Contract
a. By placing an article with Etsy, the trader constitutes a binding offer to provide the digital content displayed.
The customer accepts this offer by completing the virtual ordering process of the Etsy website. To do this, he first places the item in the virtual shopping cart or clicks on the "Buy Now" button and then selects one of the payment options.
By clicking the button finalizing the order process, the customer declares acceptance of the offer, which results in a contract regarding the contents previously selected by the customer.
The customer has the possibility at any time up to this sending of his order to correct possible input errors by going back one or more order steps in the browser, or to cancel the order altogether.
b. The trader saves the text of the contract after the conclusion of the contract and confirms it by e-mail (contract confirmation).
3) Prices and terms of payment
a. All prices stated by the trader represent total prices. Value added tax is not shown, as the licensor is a small trader within the meaning of Art. 19 Para 1 value added tax law.
b. In the case of sales to countries outside the European Union, additional costs may be incurred in individual cases for which the trader is not responsible, such as costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
These costs are to be borne by the Customer.
c. The payment options are specified in the offer of the trader on Etsy.
d. Etsy enables customers to use various payment methods as part of the payment processing via the payment service "Etsy Payments". These are displayed to the customer in the respective offer of the trader or within the framework of the order processing.
If payment is made using one of the payment methods provided, the payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if 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. may use third party payment services to process payments.
Further information Etsy Payments is available here: etsy.com/en/legal/etsy-payments/?ref=list
4.) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the trader's instructions regarding the right to cancel.
5) Provision of digital content and granting of rights of use
a. The trader makes the digital content available to the Customer via the platforms "Corjl" and ‘Canva’ after conclusion of the contract.
aa. Corjl: the Customer will be sent a link by e-mail, through which he will receive access to the design template after opening a CORJL customer account or - if such an account has already been created - by logging into his customer account.
bb. Canva: after purchase the customer receives a 'CANVA_TEMPLATE_LINKS' - PDF file at www.Etsy.com/your/purchases. This PDF contains one / several links through which he will receive access to the design template after opening a CANVA customer account or - if such an account has already been created - by logging into his customer account.
b. The trader grants the customer the non-exclusive, regionally unlimited right to use the provided content for private purposes. This right is time-limited to one year from the date of purchase. The usage rights granted herein allow the customer to modify the templates and print or digitally use the resulting product for personal use only.
c. The creation and distribution of copies for third parties, the resale or redistribution of the original or modified templates, or any commercial use of the finished products is strictly prohibited unless the customer has received written consent from the trader for such activities.
d. The granting of these rights to the customer comes into effect upon full payment of the purchased digital content.
6) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
7) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable
goods. For 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 country in which the consumer has his habitual residence.
8) Alternative Dispute Resolution
a. For the Alternative settlement of consumer disputes arising from online purchase or service contracts, the EU Commission provides an online dispute resolution platform on the Internet at the following link: ec.europa.eu/consumers/odr
b. The trader is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
B. Instructions for cancellation
1) Cancellation policy
a. Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract.
To exercise your right to cancel, you must inform us (Anna Liesche, MyPrettyPapery, Zweigstrasse 4, 65191 Wiesbaden, Germany, Tel.: +4917657818930, e-mail: myprettypapery@gmail.com) of your decision to cancel this contract by a clear statement (e.g. a letter or e-mail sent by post).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right to cancel before the expiry of the cancellation period.
b. Effects of cancellation
If you cancel this contract before downloading or accessing the digital content, we will reimburse all the payments we have received from you. Reimbursement will be made immediately, and at the latest within fourteen days from the day we received your cancellation notice.
Unless otherwise expressly agreed with you, the repayment will be made via the same means of payment that you chose for the initial transaction. You will not be charged for the repayment in any event.
c. Expiration of the right to cancel
The right to cancel will expire prematurely once the supply of digital content has begun, i.e., once you have accessed or downloaded the digital content, after you have expressly agreed that we may begin with the execution of the contract before the expiry of the cancelation period, and if you have acknowledged to us that by giving your consent, you lose your right to cancel, once performance of the contract has started.
2. Cancellation form
If you want to cancel the contract, please complete and submit this form.
Anna Liesche
MyPrettyPapery
Zweigstrasse 4
65191 Wiesbaden
Germany
E-mail: myprettypapery@gmail.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete as applicable
Copyright © 2023, Anna Liesche, Graduate Lawyer (Dipl.-Jur.)