Terms & Conditions
-------------------------------------------------- -------------------------------------------------- ----------------------------
General terms and conditions with customer information & information on privacy & cancellation policy & cancellation form
-------------------------------------------------- -------------------------------------------------- ----------------------------
contents
------------------
A. General Terms and Conditions with Customer Information
-------------------------------------------------- --------
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Special conditions for the processing of goods according to the customer's specifications
9. Applicable law
10. Alternative Dispute Resolution
11. Code of Conduct
B. Information about privacy
--------------------------------
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 person concerned
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
C. Cancellation policy
---------------------
1. Right of withdrawal
2. Consequences of the revocation
3. Exclusion or premature termination of the right of withdrawal
D. Cancellation form
--------------------
-------------------------------------------------- --------
A. General Terms and Conditions with Customer Information
-------------------------------------------------- --------
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Sven Herkenrath (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller in respect of the Seller Internet trading platform Etsy (hereinafter "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 By placing 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 held by Etsy. For this purpose, the customer must first insert 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 that concludes the ordering process, the customer declares the acceptance of the offer, whereby a purchase contract for the goods selected by the customer comes about.
2.3 The contract text is stored by the seller and sent to the customer after the conclusion of the contract together with the present GTC and customer information in text form (eg e-mail, fax or letter). An additional accessibility of the contract by the seller itself does not take place.
2.4 Prior to the binding submission of the order, the customer can recognize possible input errors by attentively 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 input before binding submission of the order within the electronic ordering process with 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 in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 The prices quoted by the seller are total prices. Value added tax is not shown because the seller is a small business owner within the meaning of § 19 Abs. 1 UStG. If applicable, additional delivery and shipping costs are specified 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, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even 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 offer of the seller at Etsy.
4.4 The seller allows payment via the Etsy Payments payment method. The customer can use the payment methods offered by Etsy Payments for payment.
When using this payment method, payment will be processed through Etsy Ireland UC,
66/67 Great Strand Street, Dublin 1, Ireland ('Etsy UC'), unless payment is made in US dollars or Canadian dollars. In this case, payment will be processed through Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States (hereinafter Etsy Inc.).
Etsy UC or Etsy Inc. allows the customer to use various payment methods in the form of payment processing via Etsy Payments
- 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 to process payments.
For more information and the terms of use of Etsy Payments, please visit: https://www.etsy.com/en/legal/etsy-payments/?ref=list
Depending on the article and location of the customer, the aforementioned payment methods may only be available to a limited extent. The specific payment method (s) available for the respective goods will be displayed to the customer in the respective offer of the seller or during the order processing.
4.5 If the payment method "PayPal" is selected, the payment is processed via 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, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full. This sets u. a. that the customer opens or already has a PayPal account.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy shall prevail.
5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
6) Retention of title
If the seller in advance, he reserves the right to the 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 applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for damages and reimbursement claims of the customer, as well
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of goods according to specific specifications of the customer, the customer has the operator all the necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights.
8.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a violation of their rights by the seller as a result of the contractual use of the contents of the customer. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees at the statutory rate. 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 obligated to immediately, truthfully and completely provide the seller with all the 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 violates legal or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11) Code of Conduct
The seller has submitted to the conditions of participation for the ecommerce "Fairness in Commerce" initiative, which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
--------------------------------
B. Information about privacy
--------------------------------
1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you visit our Etsy website (hereinafter "Website") and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data that allows you to be personally identified.
1.2 Responsible for data processing within the meaning of the General Data Protection Regulation (DSGVO) is Sven Herkenrath, Mittelstr. 11b, 58332 Schwelm, Germany, Tel .: 023368077775, E-Mail: sven.herkenrath@gmx.de. The person responsible for the processing of personal data is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data.
2) contact
In the context of contacting us (for example by contact form or e-mail) personal data are collected, which are, you can see from the contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing 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, then additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO. 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 is finally clarified and provided that no statutory storage requirements are in conflict.
3) Data processing for order processing
3.1 The personal data collected by us are passed on to the transport company commissioned with the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods. We will pass on your payment details to the commissioned bank as part of the processing of payments, if this is necessary for the processing of payments. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b DSGVO.
3.2 We work with external shipping partners to fulfill our contractual obligations to our customers. We give your name and delivery address exclusively for the purpose of the delivery of goods Art. 6 para. 1 lit. b DSGVO to a shipping partner chosen by us.
3.3 Order processing takes place via the service provider "Billbee" (Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). Name, address and, if applicable, further personal data will be provided in accordance with Art. 6 para. 1 lit. b DSGVO exclusively forwarded to Billbee for processing the online order. The transfer of your data takes place only insofar as this is actually necessary for the processing of the order. Details on Billbee's privacy and Billbee's privacy policy are available on the Billbee website at "billbee.com".
3.4 When using the Etsy Payments payment method, payment will be processed through Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland ('Etsy UC'), unless the payment is in US Dollars or Canadian Dollar. In this case, payment will be processed through Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States (hereinafter Etsy Inc.). The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process.
For more privacy information, please refer to the Etsy Privacy Policy: https://www.etsy.com/en/legal/privacy/
3.5 If you pay by credit card via PayPal or by direct debit via PayPal, we will transfer your payment data to Paypal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), further. The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process.
4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) to the person responsible regarding the processing of your personal data, which we inform you about below:
- Right of access according to Art. 15 GDPR: In particular, you have a right to information about the personal data processed by us, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data has been disclosed or will be planned storage period or the criteria for determining the storage period, the right of rectification, deletion, limitation of processing, objection to processing, complaint to a supervisory authority, the origin of your data, if they were not collected by us, the existence of automated decision-making, including profiling and, where appropriate, meaningful information about the logic involved and the scope involved and the intended effects of such processing, as well as your right to be informed, which guarantees pursuant to Art. 46 GDPR when forwarded Your data to third countries;
- Right to correction according to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
- Right to cancellation according to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, pursuit or defense of rights;
- Right to restriction of the processing according to Art. 18 GDPR: You have the right to demand the restriction of the processing of your personal data as long as the correctness of your data is checked, if you refuse a deletion of your data because of inadmissible data processing and instead require the restriction of the processing of your data, if you need your data for the assertion, exercise or defense of legal claims, after we no longer need these data after purpose or if you have objections based on your particular situation, as long as it is not certain, if our legitimate reasons prevail;
- Right to be informed in accordance with Art. 19 GDPR: If you have asserted the right of rectification, deletion or limitation of the processing to the person responsible, he / she is obliged to rectify or delete the data to all recipients to whom the personal data relating to you have been disclosed or limitation of processing, unless proving to be impossible or disproportionate. You have the right to be informed about these recipients.
- Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible, as far as this is technically feasible ;
- Right of revocation of granted consent pursuant to Art. 7 (3) GDPR: You have the right to revoke a consent once given in the processing of data at any time with future effect. In the case of withdrawal, we will delete the data concerned immediately, as far as further processing can not be based on a legal basis for non-consensual processing. The revocation of consent does not affect the lawfulness of the processing effected on the basis of the consent until the revocation;
- Right to complain under Art. 77 GDPR: If you consider that the processing of personal data concerning you is contrary to the GDPR, you have the right to complain to a supervisory authority, in particular in any other administrative or judicial remedy the Member State of your whereabouts, your place of work or the place of the alleged infringement.
4.2 OPPOSITION RIGHT
IF, IN THE CONTEXT OF INTEREST ACCOUNTABILITY, WE PROCESS OUR PERSONAL DATA BASED ON OUR PRESENT AUTHENTIC INTERESTS, YOU HAVE THE RIGHT OF REASONING, FOR REASONS OBTAINED FROM ITS SPECIAL SITUATION, TO CONTRADICT WITH THIS PROCESS, AND CONTRIBUTE TO THE FUTURE.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE AFFECTED DATA. FURTHER PROCESSING REMAINS SUBJECT TO DIFFERENCES WHEN WE MAY PROVIDE IMPERATIVE REASONABLE REASONS FOR PROCESSING THAT EXCEED ITS INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING OF THE PROVISIONS, EXERCISE OR DEFENSE OF LEGAL PROCEEDINGS IS DONE.
IF YOUR PERSONAL DATA IS PROCESSED BY US TO OPERATE DIRECT ADVERTISING, YOU HAVE THE RIGHT TO INTRODUCE ANY CONTESTING AGAINST THE PROCESSING OF YOU OF PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OPPOSITE AS DESCRIBED ABOVE.
MAKE USE OF YOUR OPPOSITION RIGHT, WE FINISH THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ACCEPTANCE.
5) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if applicable - additionally based on the respective statutory retention period (for example, commercial and tax retention periods).
In the processing of personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, these data are stored until the person withdraws his consent.
There are statutory retention periods for data which, in the context of legal or similar obligations, are based on Art. 6 para. 1 lit. b DSGVO are processed, these data are routinely deleted after expiry of the retention periods, if they are no longer required for fulfillment of the contract or for initiating a contract and / or if there is no legitimate interest in the re-storage on our part.
In the processing of personal data on the basis of Art. 6 para. 1 lit. f DSGVO, these data will be stored until the person concerned exercises his right of objection under Art. 21 (1) GDPR, unless we can prove compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defense of legal claims.
In the processing of personal data for the purpose of direct advertising on the basis of Art. 6 para. 1 lit. f DSGVO, these data will be stored until the data subject exercises his right of objection under Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this Declaration on Specific Processing Situations, stored personal data will be erased if they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Etsy Privacy Policy
For all other data processing beyond the data processing described above, the Etsy platform is responsible. For more information on Etsy's privacy, please refer to the Etsy Privacy Policy: https://www.etsy.com/en/legal/privacy/?ref=ftr
---------------------
C. Cancellation policy
---------------------
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must (Sven Herkenrath, Mittelstr 11b, 58332 Schwelm, Germany, Tel: 023368077775, E-mail: sven.herkenrath@gmx.de) by means of a clear statement (eg, one with the Mail or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
For contracts for delivery of goods, we may refuse to repay 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 the goods to us immediately and in any event no later than within twenty-one days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of twenty-one days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion or premature termination of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that 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.
--------------------
D. Cancellation form
--------------------
If you want to revoke the contract, please fill out this form and send it back.
On
Sven Herkenrath
Mittelstr. 11b
58332 Schwelm
Germany
E-Mail: sven.herkenrath@gmx.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of the consumer (s)
________________________________________________________
Address of the consumer (s)
________________________________________________________
Signature of the consumer (s) (only when notified on paper)
_________________________
date
(*) Delete as appropriate
------------------
