A. General Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Lucas Siebert, trading under "Bkk Asiatica" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods displayed by the Seller on the online marketplace Etsy. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the supply of vouchers, unless otherwise expressly regulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts 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 submits a binding offer to sell this item.
2.2 The Customer can accept the Seller's offer via Etsy’s online order form. To do so, the Customer must place the desired item in the Etsy shopping cart and complete the order process by following Etsy’s steps. By clicking the final button to complete the order, the Customer accepts the offer, and a purchase contract is concluded for the goods previously selected by the Customer.
2.3 The Seller stores the contract text and sends it to the Customer along with these GTC and customer information in text form (e.g., email, fax, or letter) after the contract has been concluded. The Seller does not provide any additional access to the contract text.
2.4 Before submitting a binding order, the Customer can identify and correct input errors by carefully reviewing the information displayed on the screen. A helpful technical means for better recognizing input errors is the zoom function of the browser, which allows for an enlarged display of the screen content. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions.
2.5 The contract is concluded exclusively in German.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further details on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.
4) Prices and Payment Terms
4.1 The prices listed by the Seller are total prices and include statutory value-added tax (VAT). Any additional shipping costs are indicated separately in the respective product description.
4.2 The available payment methods are communicated to the Customer in the Seller's Etsy listing.
4.3 If prepayment by bank transfer is agreed upon, payment is due immediately after the contract is concluded unless the parties have agreed on a later due date.
4.4 When selecting the PayPal payment option, the payment process is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under PayPal's terms of use, which can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
5) Delivery and Shipping Conditions
5.1 The goods are delivered by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address stored in Etsy’s ordering system is decisive.
5.2 If the delivery fails due to reasons attributable to the Customer (e.g., incorrect address information), the Customer must bear the additional costs incurred.
5.3 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply (e.g., if the Seller's supplier fails to deliver). In such a case, the Seller will make every effort to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed immediately, and any payments made will be refunded without delay.
5.4 Gift vouchers are provided as follows:
By email
By postal mail
6) Retention of Title
The Seller retains ownership of the delivered goods until full payment has been received.
7) Liability for Defects
7.1 The statutory provisions on liability for defects apply unless otherwise stated.
7.2 If the Customer is a business entity, the following deviations apply:
The Seller chooses the type of supplementary performance.
The limitation period for new goods is one year from delivery.
The limitation period does not restart when a replacement delivery occurs.
7.3 These restrictions do not apply to:
Claims for damages due to intentional or gross negligence,
Fraudulently concealed defects,
Claims under mandatory legal product liability laws.
8) Applicable Law
The legal relationships between the parties are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9) Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
10) Code of Conduct
The Seller complies with the eCommerce Initiative "Fairness in Trade" terms, available at:
https://www.fairness-im-handel.de/teilnahmebedingungen/ B. Privacy Policy
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We appreciate your visit to our Etsy store (hereinafter referred to as the "Website") and your interest in our products. In this section, we explain how we process your personal data when you use our website. Personal data refers to any information that can identify you personally.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is:
Lucas Siebert
Bkk Asiatica
Eversdorf 7
29410 Salzwedel
Germany
Email: administrator@panasiam.de
The data controller is the person or entity that determines the purposes and means of processing personal data.
2) Contacting Us
If you contact us (e.g., via contact form or email), we collect the personal data you provide. This data is processed solely to handle your request. The legal basis for this processing is our legitimate interest in handling your inquiry according to Art. 6(1)(f) GDPR. If your inquiry relates to contractual matters, the legal basis is Art. 6(1)(b) GDPR.
Once your inquiry has been processed, your personal data will be deleted, unless legal retention requirements require further storage.
3) Data Processing for Order Handling
3.1 For order fulfillment, we share personal data (such as name, address, payment details) with shipping providers and payment processors. This processing is based on Art. 6(1)(b) GDPR.
3.2 If we are required to provide updates for digital products or products with digital components, we will use your contact information to send necessary updates under Art. 6(1)(c) GDPR.
3.3 Payments via PayPal are processed by:
PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
PayPal’s Privacy Policy: https://www.paypal.com/webapps/mpp/ua/privacy-full
4) Rights of the Data Subject
4.1 Under GDPR, you have the following rights:
Right of access (Art. 15 GDPR) – Request details about the data we store about you.
Right to rectification (Art. 16 GDPR) – Request corrections to inaccurate data.
Right to erasure (Art. 17 GDPR) – Request deletion of your data, subject to legal retention obligations.
Right to restriction of processing (Art. 18 GDPR) – Request limited data processing in specific cases.
Right to data portability (Art. 20 GDPR) – Receive a copy of your data in a structured format.
Right to object (Art. 21 GDPR) – Object to data processing based on legitimate interest.
4.2 Exercising Your Rights
To exercise any of these rights, contact us at: administrator@panasiam.de
5) Duration of Storage of Personal Data
The retention period for personal data depends on:
The legal basis for processing
The purpose of the data collection
Legal retention periods (e.g., tax or commercial laws)
Once the purpose ceases to exist, data will be deleted unless required for legal reasons.
6) Reference to Etsy’s Privacy Policy
For additional data processing not covered here, Etsy is responsible. You can view Etsy’s Privacy Policy here:
https://www.etsy.com/legal/privacy
7) Tools and Miscellaneous
DATEV (Accounting Software)
We use DATEV eG, a cloud-based accounting tool, to process invoices and financial transactions. Personal data may be processed based on Art. 6(1)(f) GDPR for the purpose of financial record-keeping.
For more information, visit DATEV’s Privacy Policy:
https://www.datev.com
C. Right of Withdrawal
1) Introduction
Consumers have the legal right to withdraw from a purchase within 14 days without giving any reason.
2) Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day you (or a third party designated by you) received the goods.
To exercise your right of withdrawal, you must inform us (Lucas Siebert, Bkk Asiatica, Eversdorf 7, 29410 Salzwedel, Germany, Email: administrator@panasiam.de) of your decision by clear written statement (e.g., mail or email).
You may use the withdrawal form below, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient to send the withdrawal request before the 14-day period expires.
3) Consequences of Withdrawal
If you withdraw from the contract, we will reimburse all payments received from you, including standard shipping costs (excluding extra costs for expedited shipping).
The refund will be processed immediately and no later than 14 days after receiving your withdrawal notice. The same payment method used for the original transaction will be used.
For contracts involving physical goods, we may withhold reimbursement until we receive the returned goods or you provide proof of return, whichever is earlier.
You must return the goods within 21 days of informing us of your withdrawal.
Return Address:
PANASIAM, Badeler Dorfstraße 20c, 39624 Kalbe (Milde), Germany
The deadline is met if the goods are shipped before the 21-day period expires.
The customer bears the costs of returning the goods.
You are liable for any decrease in value if the goods have been used beyond what is necessary to check their nature and functionality.
D. Withdrawal Form
If you wish to withdraw from the contract, please complete this form and send it back.
To:
Lucas Siebert
Bkk Asiatica
Eversdorf 7
29410 Salzwedel
Germany
Email: administrator@panasiam.de
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods/services (*):
Ordered on () / Received on ():
______________ / _______________
Consumer's Name:
Consumer’s Address:
Signature of the Consumer(s) (only for paper submissions):
Date:
(*) Delete as applicable.
Copyright Notice (English Version)
These General Terms and Conditions were created by the legal experts of IT-Recht Kanzlei and are protected by copyright.
For more information, visit: https://www.it-recht-kanzlei.de
Last Updated: January 28, 2025, 11:35 PM (CET)
