General Terms and Conditions & Information on Data Protection & Cancellation Policy & Cancellation Form
Table of contents
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A. General Terms and Conditions
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of title
7. liability for defects
8. special conditions for the processing of goods according to specific customer specifications
9. applicable law
10. 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 controller
2. making 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 privacy policy
7. tools and miscellaneous
C. Cancellation policy
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1. introduction
2. right of withdrawal
3. consequences of the revocation
4. exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
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A. General Terms and Conditions
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Aaron Winkler, trading under "c/o IP-Management #10766" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop Etsy (hereinafter referred to as "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
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 order steps specified by Etsy. By clicking the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the contract has been concluded, together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.
2.4 Before placing a binding order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before submitting the binding 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 withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying by means of a payment method offered via the payment service "Etsy Payments", 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 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 the payment services of third parties to process payments. 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. Further information on and the terms of use of Etsy Payments can be found here: etsy.com/en/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the order processing on Etsy is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address provided by the customer at the time of payment at PayPal is decisive.
5.2 If the 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 return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent 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 for defects are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- to 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 normal use 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.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller is responsible not only for the delivery of goods but also for 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 and file sizes specified by the operator and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume 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 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 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, offensive, youth-endangering and/or violence-glorifying content.
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 insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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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 controller
1.1 We are pleased that you are visiting our Etsy site (hereinafter "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 is all data with which you can be personally identified.
1.2 The controller in charge of data processing, within the meaning of the General Data Protection Regulation (GDPR), is Aaron Winkler, c/o IP-Management #10766, Ludwig-Erhard-Str. 18, 20459 Hamburg, Deutschland, Tel.: +49 15679 232999, E-Mail: kontakt@formyourcookie.de. The controller of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Making contact
Personal data is collected when you contact us (e.g. via contact form or email). You can see what this 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 in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that 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
3.1 Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, email address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or email) about upcoming updates within the legally prescribed period as part of our statutory information obligations pursuant to Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you of updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
To process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 We work with external shipping partners to fulfill our contractual obligations to our customers. We pass on your name and delivery address to a shipping partner selected by us exclusively for the purpose of delivering goods in accordance with Art. 6 para. 1 lit. b GDPR.
3.3 When using the payment method Etsy Payments, payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, the payment is processed via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for payment processing.
For further data protection information, please refer to Etsy's privacy policy: etsy.com/en/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we inform you below:
- Right to information pursuant to Art. 15 GDPR: 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 to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected by us from you, 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 pursuant to Art. 46 GDPR if your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain without undue delay the rectification of inaccurate data concerning you and/or the completion of incomplete data stored by us;
- Right to erasure in accordance with Art. 17 GDPR: You have the right to request the erasure of your personal data if the requirements of Art. 17 para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary for exercising the right of 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 in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is verified, if you refuse to delete your data due to 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 lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify 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 in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
- Right to withdraw consent given in accordance with Art. 7 para. 3 GDPR: You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data relating to you infringes the GDPR, 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 of your habitual residence, place of work or place of the alleged infringement.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF 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 PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE YOUR 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 applicable - additionally by the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you withdraw your consent.
If there are statutory retention periods for data that is processed within the scope of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract fulfillment or contract initiation and/or we no longer have a legitimate interest in further storage.
When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until you exercise your right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21 para. 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to the Etsy privacy policy
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. Further information on Etsy's data protection can be found in Etsy's privacy policy: etsy.com/en/legal/privacy/?ref=ftr
7) Tools and miscellaneous
- Paperwork
We use the cloud-based accounting software service of the following provider to handle our accounting: odacer Finanzsoftware GmbH, Konrad-Adenauer-Ring 13, 65187 Wiesbaden, Germany
The provider processes incoming and outgoing invoices and, if applicable, our company's bank transactions in order to automatically record invoices, match them to the transactions and create the financial accounting from this in a semi-automated process.
If personal data is also processed in this process, the processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in the efficient organization and documentation of our business transactions.
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C. Cancellation policy
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Introduction
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal 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.
To exercise the right to cancel, you must inform us (Aaron Winkler, c/o IP-Management #10766, Ludwig-Erhard-Str. 18, 20459 Hamburg, Deutschland, Tel.: +49 15679 232999, E-Mail: kontakt@formyourcookie.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.
In the case of contracts for the delivery of goods, we may refuse to refund you 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 immediately and in any case within twenty-one days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the twenty-one day period has expired.
You shall bear the direct costs of returning the goods.
You 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 checking their condition, properties and functionality.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which 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.
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D. Withdrawal form
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If you wish to withdraw from the contract, please complete and return this form.
To
Aaron Winkler
c/o IP-Management #10766
Ludwig-Erhard-Str. 18
20459 Hamburg
Hamburg, Germany
E-mail: contact@aa-mockups.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 for notification on paper)
_________________________
Date(s)
(*) Delete as appropriate
