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General Terms and Conditions with Customer Information & Information on Data Protection & Revocation Instructions & Revocation Form
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Table of Contents
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A. General terms and conditions with customer information
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1. scope of application
2. conclusion of contract
3. right of revocation
4 Prices and terms of payment
5. terms of delivery and dispatch
6 Retention of title
7. liability for defects
8 Applicable law
9 Alternative Dispute Resolution
B. Information on data protection
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1. information on the collection of personal data and contact details of the person responsible
2. establishment of contact
3. data processing for order processing
4. rights of the data subject
5. duration of the storage of personal data
6. reference to the Etsy data protection declaration
C. revocation instruction
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1. right of revocation
2 Consequences of the revocation
3. exclusion or premature expiry of the right of revocation
D. revocation form
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A. General terms and conditions with customer information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Dana Ginzkey-Friedrichs, acting under "Julmond" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the goods represented by the Seller on the Etsy Internet trading platform (hereinafter "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions 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 self-employed professional activity.
2) Conclusion of contract
2.1 By posting an item with 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 basket at Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract is concluded for the goods previously selected by the customer.
2.3 The text of the contract is stored by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) together with these general terms and conditions and customer information after conclusion of the contract. The seller himself shall not make the text of the contract accessible beyond this.
2.4 Before placing 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 zoom function of the browser, with which the display on the screen is enlarged. The customer can correct his entries with the usual keyboard and mouse functions before placing a binding order as part of the electronic ordering process.
2.5 Only the German language is available for the conclusion of the contract.
3) Right of revocation
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include the statutory value added tax. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred 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 the transfer of money 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 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 customer has various payment options at his disposal, which are specified in the seller's offer at Etsy.
4.4 If the payment method "PayPal" is selected, payment is processed by 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has one.
4.5 For payments by "Etsy voucher" the voucher conditions of Etsy apply, available at https://www.etsy.com/de/help/article/3292.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in Etsy's order processing is decisive for the processing of the transaction.
5.2 If the carrier returns the shipped goods to the seller, as delivery to the customer was not possible, the customer shall bear the costs of unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this shall not apply with regard to the costs for the consignment if the customer effectively exercises his right of revocation. If the customer exercises his right of revocation effectively, the return costs shall be governed by the provisions of the seller's revocation instructions.
5.3 Vouchers shall be provided to the customer as follows:
- by email
6) Retention of title
If the seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the object of purchase is defective, the provisions of the statutory liability for defects shall apply.
7.2 Notwithstanding this, the limitation period for warranty claims for used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply
- for objects which have been used for a building in accordance with their normal 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 maliciously concealed the defect.
7.3 The customer is requested 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 on his statutory or contractual claims for defects.
8) Applicable law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration body, but is in principle prepared to do so.
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B. Information on data protection
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1) Information on the collection of personal data and contact details of the person responsible
1.1 We are pleased that you are visiting our Etsy website (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 are all data with which you can be personally identified.
1.2 Responsible for data processing within the meaning of the Basic Data Protection Ordinance (DSGVO) is Dana Ginzkey-Friedrichs, Julmond, Stieg 29, 06484 Quedlinburg, Germany, Tel.: 03946 / 52 81 332, e-mail: dana@julmond.com. The person responsible for the processing of personal data is the natural or legal person who alone or together with others decides on the purposes and means of processing personal data.
2) Contact us
When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. These data are stored and used exclusively for the purpose of responding to your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
3) Data processing for order processing
3.1 For the processing of your order we work together with the following service provider(s), which support us wholly or partly in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.
3.2 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the framework of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment processing. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
3.3 Orders are processed by the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, other personal data will be passed on to Billbee exclusively for processing the online order in accordance with Art. 6 Para. 1 letter b DSGVO. Your data will only be passed on if this is actually necessary for processing the order. Details regarding Billbee's privacy policy and Billbee's privacy policy can be found on Billbee's website at "billbee.de".
3.4 When paying by credit card via PayPal or by direct debit via PayPal, we pass your payment data on to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of payment processing. The transfer takes place in accordance with Art. 6 Para. 1 letter b DSGVO 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 data controller with regard to the processing of your personal data, about which we inform you below:
- Right to information pursuant to Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, 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, as the case may be, the planned storage period. the criteria for determining the duration of the storage, the existence of a right to rectification, deletion, restriction of processing, objection to processing, a complaint to a supervisory authority, the origin of your data if these were not collected by us from you, the existence of automated decision-making including profiling and, where applicable, meaningful information about the logic involved and the scope concerning you and the desired effects of such processing, as well as your right to be informed of the guarantees provided in accordance with Article 46 DSGVO for the transfer of your data to third countries;
- Right to rectification pursuant to Art. 16 DSGVO: You have a right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
- Right of deletion pursuant to Art. 17 DSGVO: You have the right to request the deletion of your personal data if the requirements of Art. 17 para. 1 DSGVO are met. However, this right shall not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restrict processing pursuant to Art. 18 DSGVO: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data contested is verified, if you refuse to delete your data because of inadmissible data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims, after we no longer need this data after the purpose has been achieved or if you have filed an objection for reasons of your particular situation, as long as it is not yet established whether our legitimate reasons predominate;
- Right to information in accordance with Art. 19 DSGVO: If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.
- Right to data transferability pursuant to Art. 20 DSGVO: You have the right to receive the personal data you have provided us in a structured, current and machine-readable format or to request its transfer to another person responsible, insofar as this is technically feasible;
- Right to revoke consent granted pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke consent to the processing of data once granted at any time with effect for the future. In the event of revocation, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation;
- Right of appeal under Art. 77 DSGVO: If you believe that the processing of personal data concerning you infringes the DSGVO, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspected infringement, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT OF OBJECTION
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE 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 REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH THEIR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA 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 ADVERTISING. YOU MAY EXERCISE THE CONTRADICTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided that they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.
6) Reference to the Etsy data protection declaration
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. For more information about Etsy's privacy practices, please see Etsy's privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
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C. revocation instruction
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right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Dana Ginzkey-Friedrichs, Julmond, Stieg 29, 06484 Quedlinburg, Germany, Tel.: 03946 / 52 81 332, E-Mail: dana@julmond.com) by means of a clear declaration (e.g. a letter or E-Mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
In the case of contracts for the delivery of goods, we may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or surrender the goods to us immediately and in any case within twenty-one days of the day on which you notify us of the revocation of this contract at the latest. The deadline is met if you dispatch the goods before the expiry of the twenty-one day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
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D. revocation form
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If you wish to cancel the contract, please complete and return this form.
An
Dana Ginzkey-Friedrichs
Julmond
Rise 29
06484 Quedlinburg
Germany
E-mail: dana@julmond.com
I/we (*) hereby cancel 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 the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if communicated on paper)
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date
(*) Delete as applicable
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Copyright notice: These terms and conditions were created by the lawyers of IT-Recht under the DOCID: ##ITK-6d1f906093adf6b71518fa59e2c82f2a## and are protected by copyright (www.it-recht-kanzlei.de).
Version: 201806281810
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