MightyBling

Part I - General Terms and Conditions

Section 1 – Vendor, inclusion by reference of the General Terms and Conditions

(1) The Vendor and contracting party for the merchandise presented in the Etsy Shop „MightyBling“ is Timea Gremsperger, Groß-Berliner Damm 80, 12487 Berlin, phone 0049 30 55578079, e-mail bling@mightyvintage.de (referred to hereinbelow as the “Vendor” for short).

(2) The Vendor acts as a merchant.

(3) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective Customer. The Vendor hereby objects to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.


Section 2 – Merchandise offered and conclusion of contract

(1) The Vendor is offering the merchandise presented in the Etsy Shop “MightyBling” for sale to other Etsy users. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the Customer; these variations are technically unavoidable.

(2) Selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.

(3) The Customer shall select the merchandise desired by placing it in his “Cart” (“Warenkorb”). When the cart contains all merchandise desired, the Customer proceeds to the checkout by clicking on “Proceed to Checkout” (“Zur Kasse gehen”). The page titled “Please confirm and submit your order” shall display a summary, so that the Customer can check for any incorrect input. On this page, the Customer can place his order with the Vendor by clicking on the button “Buy” (“Zahlungspflichtig bestellen”). Until the order is transmitted to the Vendor, the Customer may go back one or multiple steps in the browser to modify the data input or to completely discontinue the order.

(4) The Vendor is making a binding sales offer for the merchandise presented in his shop. By transmitting the order using the button “Buy” (“Zahlungspflichtig bestellen”), the Customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).

(5) The content of a contract concluded is stored by Etsy in the Vendor’s Etsy user account, which is not accessible to the Customer. In case the Customer does not place his order as “Guest” but has logged into his Etsy user account before, Etsy also stores the Contract text in the Customer’s Etsy user account, accessible in section “Purchases and Reviews” (“Einkäufe und Bewertungen”) in the “You” (“Du”) menu. In any case, Etsy shall send an e-mail with the content of the contract to the Customer. Beyond that, the Vendor neither saves the content of the contract nor does he provide access to it outside the Etsy platform.

(6) The Vendor shall inform the Customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.


Section 3 – Prices, payment and delivery

(1) All product prices are total prices plus shipping costs. Prices include the statutory VAT.

(2) The shipping costs are listed in the respective product description under “Shipping & Returns” (“Versand & Rückgaben”)

(3) The Customer can pay by credit card (VISA, MasterCard, American Express). In the Cart section, additional means of payment may be available, such as PayPal or Klarna (“Sofort.”).

(4) Customer payments may be received by Etsy Ireland UC or by Etsy Payments Ireland Limited, both residing at 66/67 Great Strand Street, Dublin 1, Ireland, or, if payment is made in US$ oder CAN$, by Etsy Inc., 117 Adams Street, Brooklyn, NY, USA, (“Etsy” for short) on behalf of the Vendor. Etsy shall forward the amount paid to the Vendor.

(5) The Vendor reserves ownership of the delivered goods until the Customer has paid their purchase price in full.

(6) Where a delivery cannot be made because the Customer has provided a wrong or incomplete shipping address, an attempt to once again deliver the merchandise shall be made only if the Customer accepts to bear the direct costs of re-shipping the merchandise.

(7) Where deliveries are made to countries outside the European Union, customs or acquisition tax for imported goods may have to be paid by the Customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.


Section 4 – Right of withdrawal for consumers

(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites.

(2) A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

(3) The pre-requisites and legal consequences of the German stipulations as to consumers' rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer's national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.


Section 5 – Warranty

(1) Warranty claims shall be governed by the statutory regulations, unless otherwise provided for in the following paragraphs.

(2) If the Customer ist a consumer, the period of limitation regarding warranty claims for the second-hand goods offered can be shortened to one year if and to the extent that the consumer, before giving his consent to the contract, was specifically informed of the shortening of the limitation period and the shortening of the limitation period was expressly and separately agreed on in the contract.

(3) If the Customer ist not a consumer, the parties hereby agree that the period of limitation regarding warranty claims for the second-hand goods offered shall be shortened to one year.

(4) However, a shortened period shall neither apply to claims based on injury to life, body or health nor to claims for other damages arising from a grossly negligent or intentional breach of duty by the Vendor, by a legal representative of the Vendor or by a person used to perform an obligation of the Vendor.


Section 6 – Out-of-court Dispute Resolution

(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.

(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.


Section 7 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

Part II: Information on Consumers' Right of Withdrawal

Information on the right of withdrawal for goods delivered by post

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Timea Gremsperger, Groß-Berliner Damm 80, 12487 Berlin, phone 0049 30 55578079, e-mail bling@mightyvintage.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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.

Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions from the right of withdrawal

The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.


Sample Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

— To Timea Gremsperger, Groß-Berliner Damm 80, 12487 Berlin, e-mail bling@mightyvintage.de:


— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),


— Ordered on (*) / received on (*),


— Name of consumer(s),


— Address of consumer(s)


— Signature of consumer(s) (only if this form is notified on paper),


— Date


(*) Delete as appropriate.