AGB & 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. General terms and conditions with customer information
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects
8. special conditions for the processing of goods according to specific specifications of the customer
9. applicable law
10. alternative dispute resolution
11. code of conduct
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. contacting
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. Cancellation policy
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1. right of withdrawal
2. consequences of the revocation
3. exclusion or premature expiration of the right of withdrawal
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 referred to as "GTC") of Rostislav Anissimov, trading under "21neun" (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods displayed by the Seller on the Internet trading platform Etsy (hereinafter referred to as "Etsy"). Herewith the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense 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.
2) Conclusion of contract
2.1 By placing 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 available at Etsy. For this, the Customer must first place the desired article in the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button concluding the order process, the customer declares the 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 will be saved by the seller and sent to the customer after conclusion of the contract together with these terms and conditions and customer information in text form (e.g. e-mail, fax or letter). The Seller will not make the text of the contract accessible beyond this.
2.4 Before the binding submission of 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 whose help the display on the screen is enlarged. The customer can correct his input before binding submission of the order within the electronic ordering process using the usual keyboard and mouse functions.
2.5 Only 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 More detailed information on the right of revocation is contained in the Seller's revocation instructions.
3.3 The right of revocation 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 residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. Value added tax is not shown, as the seller is a small business within the meaning of the VAT Act. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
4.2 In the case of 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 through 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 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 at Etsy.
4.4 The Seller shall enable the payment via the payment method Etsy Payments. The Customer may use the payment methods offered to him within the scope of Etsy Payments for payment.
If this payment method is used, the payment will be processed by Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as Etsy UC), unless payment is made in 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 (hereinafter: Etsy Inc.).
Etsy UC or Etsy Inc. enables the customer to use different payment methods in the form of
- Credit cards
- Debit/bank cards
- Etsy vouchers and Etsy credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (only in the Netherlands)
- Immediately (Austria and Germany)
- Apple Pay
- Android Pay
Etsy UC or Etsy Inc. may use other payment service providers for the processing of payments.
Further information on and the terms of use of Etsy Payments can be found here: https://www.etsy.com/de/legal/etsy-payments/?ref=list
Depending on the article and the location of the customer, the above-mentioned payment methods may only be available to a limited extent. The concrete payment method(s) available for the respective goods is/are indicated to the customer in the respective offer of the seller or within the scope of the order processing.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address indicated in the order processing at Etsy is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because a delivery at the customer's site was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, the provision made in the seller's cancellation policy shall apply if the customer effectively exercises his right of cancellation.
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this, the following shall apply to used goods Warranty claims are excluded if the defect only 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 period of limitation. However, the reduction of the liability period to one year does not apply
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, the seller is responsible for the processing of the goods according to certain specifications of the customer in addition to the delivery of the goods, the customer must provide the operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
8.2 The Customer shall hold the Seller harmless from any claims of third parties which they may assert against the Seller in connection with an infringement of their rights resulting from the contractual use of the Customer's content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are immoral. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Applicable law
9.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding 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 by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, this choice of law with regard to the statutory right of revocation 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 residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Alternative dispute resolution
10.1 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 the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of Conduct
The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
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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 in charge
1.1 We are pleased that you are visiting our Etsy website (hereinafter referred to as "website") and thank you for your interest. In the following we inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the Data Protection Basic Regulation (DSGVO) is Rostislav Anissimov, 21neun, Haltenhoffstrasse, 32, 30167 Hannover, Germany, Tel.: 01631912302, E-Mail: info@21neun.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) How to contact us
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. You can find out which data this is from the contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the related technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after the final processing of your request. This is the case if it can be concluded from the circumstances that the matter in question has been finally clarified and provided that there are no legal obligations to retain data.
3) Data processing for order processing
3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of the contract processing, insofar as this is necessary for the delivery of the goods. Your payment data will be passed on to the assigned credit institute within the scope of the payment processing, as far as this is necessary for the payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
3.2 If the payment method Etsy Payments is used, the payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as Etsy UC), unless the payment is made in the currencies US Dollar or Canadian Dollar. In this case, the payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as Etsy Inc.). The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payment.
For further information regarding data protection, please refer to the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the person responsible for processing your personal data, about which we inform you below:
- Right to information in accordance with 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 has been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, cancellation, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision making including profiling and, if applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 DPA when your data is transferred to third countries;
- Right of rectification under art. 16 DPA: You have the right to have incorrect data concerning you corrected and/or incomplete data held by us completed without delay;
- Right to deletion in accordance with Art. 17 DSGVO: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
- Right to limit processing in accordance with Art. 18 DSGVO: You have the right to demand the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is checked, if you refuse to delete your data because of unauthorized data processing and instead demand the limitation of the processing of your data, if you require your data for the assertion, exercise or defense of legal claims, after we no longer require this data after the purpose has been achieved, or if you have lodged an objection for reasons relating to your particular situation, as long as it has not yet been established whether our justified reasons outweigh the objection;
- Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure 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 transferability in accordance with Art. 20 DSGVO: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party, insofar as this is technically feasible;
- Right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO: You have the right to revoke at any time with future effect any consent you have given to the processing of data. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;
- right to appeal pursuant to Art. 77 DSGVO: If you believe that the processing of personal data relating to you is in breach of the DPA, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place where the alleged breach occurs.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS DUE TO OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR SPECIAL SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of an explicit consent pursuant to Art. 6 para. 1 letter a DSGVO, this data is stored until the person concerned revokes his or her consent.
If there are legal retention periods for data which are processed within the scope of legal or similar obligations on the basis of Art. 6 Para. 1 letter b DSGVO, these data are routinely deleted after expiry of the retention periods, provided that they are no longer required for the performance of the contract or the initiation of the contract and/or we have no justified interest in their further storage.
When personal data are processed on the basis of Art. 6 Para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 Para. 1 DSGVO, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
In the case of processing of personal data for the purpose of direct advertising on the basis of Art. 6 para. 1 letter f DSGVO, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 para. 2 DSGVO.
Unless otherwise stated in the other information in this declaration concerning specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Etsy privacy statement
The Etsy platform is responsible for all further data processing beyond the data processing described above. Further information on Etsy's data protection can be found in the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation policy
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Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Rostislav Anissimov, 21neun, Haltenhoffstrasse, 32, 30167 Hannover, Germany, phone: 01631912302, e-mail: info@21neun.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for 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 different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
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 earlier.
You must return or hand over the goods to us immediately and in any event not later than twenty-one days from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the twenty-one day period.
You shall bear the direct costs of returning the goods. The direct costs of returning the goods are estimated to be a maximum of about 100 Euro for each such item, if the goods cannot be returned to us normally by mail (forwarding agent) due to their nature.
You will 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 their condition, properties and functionality.
Exclusion or premature expiration of the right of withdrawal
The right of revocation does not exist with contracts for the supply of goods, which are not prefabricated and for whose production an individual selection or determination by the consumer is relevant or which are clearly cut to the personal needs of the consumer.
The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.
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D. Revocation Form
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If you want to cancel the contract, please fill out this form and send it back.
To
Rostislav Anissimov
21nine
Haltenhoffstrasse, 32
30167 Hannover
Germany
e-mail: info@21neun.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 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 communication on paper)
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Date
(*) Delete as applicable