General Terms and Conditions of the Etsy Shop “Pepper Palm”

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 “Pepper Palm” is Pepper Sims. (referred to herein below as the “vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement or sale 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 articles presented in the Etsy Shop “Pepper Palm” for sale to other Etsy users. The colors of the articles 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) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in English.
(3) The vendor shall deliver the merchandise to destinations in EU and Non-EU countries based on specific listings. (see individual listings for international shipping)
(4) The customer shall select the merchandise desired by placing it in his/her “shopping cart” or by clicking on the button “Proceed to Checkout”. The order will be conclusively placed with the vendor by clicking on the button “Place Order”. Until the order is transmitted to the vendor, the customer has the opportunity to review, at any time, the data input when placing the order, to modify them or to completely discontinue the order.
(5) The vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Place Order”, the customer accepts the sales offer. The vendor shall confirm the conclusion of the contract by e-mail sent via Etsy (contract confirmation).
(6) The content of the contracts concluded is stored in the vendor’s and the customer’s Etsy user accounts and may be viewed by the customer at any time in the Etsy portal by clicking on the item “Purchases & Reviews” in the “Your account” menu.
(7) 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 and payment
(1) All product prices are end prices plus shipping costs.
(2) The shipping costs are listed in the respective product description under “Shipping & policies”.
(3) Where deliveries are made to Non-EU-countries, 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.
(4) The vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by redeeming a Etsy voucher, against pre-payment by bank transfer or against pre-payment using PayPal. Together with the contract confirmation, the customer shall receive an internet link via e-mail connecting them to the “My Purchases“ site of the Etsy portal, which provides further information on the implementation of the purchase.
a) For payments using an Etsy coupon, the customer may enter one or several coupon codes in the “My Purchases“ site of the Etsy portal. The coupon value will be credited to the vendor, and in this way the invoice amount will have been paid for. Where the coupon value is higher than the invoice amount, the coupon shall remain valid for the balance of its amount.
b) Where the customer has selected “Bank Transfer“ as the form of payment, the vendor’s bank account details will be provided in the “My Purchases“ site of the Etsy portal. Exclusively transfers denominated in Euros and free of charge for the vendor shall be accepted for bank transfers from abroad.
c) Where the customer has selected “PayPal” as the form of payment, the button “Click here to pay using PayPal“ will connect to the PayPal online service, from where payment can be made subsequently.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the vendor receives it within the payment period. The vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.

Section 4 – Shipping, delivery periods
(1) The vendor shall deliver the merchandise within 28 business days after payment is made; unless the customer opted for “Local Pickup” which is to be made per the notification statement about local pickup once the item has marked shipped and the customer used the pickup code “PICKUP615”.
(2) For products „Request Custom Order”, the delivery period shall be extended by one week in the case that the customer has requested the offered customisation.
(3) For deliveries to destinations outside the United States of America, a period of 2-25 business days, depending on the destination, has to be added to the respective domestic delivery time.
(4) If the customer’s order contains more than one product, all products will be shipped in one single shipment, but can be subjected to be received in multiple boxes; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered separately in shorter time, he may place a separate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
(6) Where a local pickup order has not been gathered by the customer, a request for a refund can be made by the customer. The customer has 45 days from the shipment date to request a refund. Afterwards, all sales will be final and no refund will be permitted.

Section 5 – Warranty
Warranty claims shall be governed by the statutory regulations.

Section 6 – Data Protection Policy
(1) After the conclusion of the contract Etsy transfers to the vendor the customer’s Etsy user name and his full name and billing address as they are stored in the customer’s user account. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transferred to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) If the customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process additionally. In this context, PayPal shall be taking action as the person employed by the customer in the performance of his obligations, not as a person so employed by the vendor.

Section 7-Refunds
(1) If damage occurs after shipping and a refund is requested from the recipient, within the 14 day period a refund can be given for the purchased items only. Shipping cost can not be refunded.

Section 9 – Final provisions
(1) 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.