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General Terms and Conditions & Information on Data Protection & Cancellation Policy & Cancellation form
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Table of contents
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A. General terms and conditions
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1. Scope
2. Conclusion of contract
3. Right of cancellation
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Applicable law
9. Alternative dispute resolution
B. Information on Data protection
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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 data subject
5. Duration of storage of personal data
6. Reference to the Etsy privacy policy
7. Tools and other
C. Cancellation policy
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1. Introduction
2. Right of cancellation
3. Consequences of cancellation
4. Exclusion or premature expiry of the right of cancellation
D. Cancellation form
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A. General Terms and Conditions
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1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Susanne Horte, trading under "Indigofox" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller on the Internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby contradicted, 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 not be attributed to their commercial or 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 who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
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 using 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 ordering steps specified by Etsy. By clicking on the button that completes the ordering process, the customer declares acceptance of the offer, which creates a purchase contract for the goods previously selected by the customer.
2.3 The contract text is saved by the seller and sent to the customer after the contract has been concluded, together with these general terms and conditions and customer information, in text form (e.g. email, fax or letter). The seller himself does not make the contract text accessible beyond this.
2.4 Before bindingly placing the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which helps to enlarge 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.
2.6 The following languages are also available for the conclusion of the contract:
- English
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment conditions
4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) is/are communicated to the customer in the seller's offer on Etsy.
4.3 When paying using a payment method offered via the payment service "Etsy Payments", payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if 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 process payments via Etsy Payments the use of various payment methods. Etsy UC or Etsy Inc. can use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be shown 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/de/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the order processing on Etsy 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 of sending the goods if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy 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 only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of the goods not being available or only partially available, the customer will be informed immediately and the consideration will be refunded immediately.
6) Retention of title
If the seller makes advance payments, he reserves title to the goods delivered 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 apply. The following applies 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;
- for new goods, the limitation period for defects is one year from delivery of the goods;
- for used goods, the rights and claims due to defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following paragraph: The limitation period for claims for defects is one year from delivery of the goods if this was expressly and separately agreed between the parties in the contract and the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.
7.3 The liability limitations and deadline reductions regulated above do not apply
- to the customer's claims for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to 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.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about goods that have been delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative dispute resolution
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 responsible party 1.1 We are pleased that you are visiting our Etsy site (hereinafter "website") and thank you for your interest. In the following, we will 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 person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Susanne Horte, Indigofox, Marktstraße 45, 72793 Pfullingen, Germany, Tel.: +4915117328379, Email: info@indigofoxcandles.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) Contact
If you contact us (e.g. via contact form or email), we collect the personal data you send us for this purpose. This data is stored and used solely for the purpose of processing your request and the associated technical administration. The legal basis for processing the data is our legitimate interest in processing your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed, unless there are statutory retention periods to the contrary. We consider the processing of your request to be completed if it can be inferred from the circumstances that the matter in question has been conclusively clarified.
3) Data processing for order processing
3.1 To the extent necessary for contract processing for delivery and payment purposes, the personal data we collect will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 (1) (b) GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact details you provided when ordering (name, address, email address) in order to inform you personally about upcoming updates within the legally stipulated period by suitable means of communication (e.g. by post or email) within the scope of our statutory information obligations in accordance with Art. 6 Paragraph 1 Letter c GDPR. Your contact details will be used strictly for the purpose of notifications about 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 with the following service provider(s), who support us in whole or in part in the implementation of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
3.2 When using the Etsy Payments payment method, payment processing is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless payment is made in US dollars or Canadian dollars. In this case, payment processing is carried out by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The data is passed on in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing.
For further information on data protection, please refer to Etsy's privacy policy: etsy.com/de/legal/privacy/
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive rights as a data subject (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we will inform you below:
- Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the purposes of processing, 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 from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing concerning you, as well as your Right to information about which guarantee according to Art. 46 GDPR when your data is forwarded to third countries;
- Right to rectification according to Art. 16 GDPR: You have the right to have incorrect data concerning you rectified immediately and/or to have your incomplete data stored by us completed;
- Right to erasure according to 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 exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request restriction of processing of your personal data as long as the accuracy of your data, which you dispute, is being verified, if you refuse to delete your data due to inadmissible data processing and instead request restriction of 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 related to your particular situation, as long as it has not yet been determined 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 vis-à-vis the responsible party, this party is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification or erasure of the data or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed of 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, common and machine-readable format or to request that it be transmitted to another responsible party, insofar as this is technically feasible;
- Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke consent to the processing of data once given 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 revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation;
- Right to complain in accordance with Art. 77 GDPR: If you believe that the processing of personal data concerning you violates the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to complain to a supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged violation.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA IN ORDER TO CARRY OUT DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION 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 storage of personal data is determined by the respective legal basis, the purpose of processing and - if applicable - also by the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of an express consent in accordance with Art. 6 Para. 1 lit. a GDPR, the data subjects The data you have provided will be stored until you revoke your consent.
If there are statutory retention periods for data that are processed as part of legal or quasi-legal obligations on the basis of Art. 6 Para. 1 lit. b GDPR, these data will be routinely deleted after the retention periods have expired, provided that they are no longer required to fulfill or initiate a contract and/or we have no legitimate interest in continuing to store them.
When processing personal data on the basis of Art. 6 Para. 1 lit. f GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When personal data is processed for the purpose of direct advertising on the basis of Art. 6 (1) (f) GDPR, this data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.
Unless the other information in this declaration on specific processing situations indicates otherwise, 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 data protection declaration
The Etsy platform is responsible for all further data processing that goes beyond the data processing described above. You can find further information on Etsy's data protection in Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
7) Tools and other
- sevDesk
To handle accounting, we use the cloud-based accounting software service of the following provider: sevDesk GmbH, Hauptstraße 115, 77652 Offenburg, 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 transactions and use this to create financial accounting in a partially automated process.
If personal data is also processed in this process, the processing is based on 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 have a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity:
Right of cancellation
You have the right to cancel 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, took possession of the last goods.
To exercise your right of withdrawal, you must inform us (Susanne Horte, Indigofox, Marktstraße 45, 72793 Pfullingen, Germany, Tel.: +4915117328379, Email: info@indigofoxcandles.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
For contracts for the delivery of goods, we may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than twenty-one days from the date on which you notify us of the cancellation of this contract. The deadline is if you send the goods before the expiry of the twenty-one day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties and functioning.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production 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. Cancellation form
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If you want to cancel the contract, please fill out this form and send it back.
To
Susanne Horte
Indigofox
Marktstraße 45
72793 Pfullingen
Germany
E-mail: info@indigofoxcandles.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 if notification is made on paper)
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Date
(*) Delete as appropriate
Copyright notice: These terms and conditions were drawn up by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: March 23, 2025, 07:25:33
