Ikatisart

Standard General Terms and Conditions of Business
between

Ikatisart, Irina Staps-Vahabov, Käthe-Kollwitz-Str. 13, 65191 Wiesbaden, Germany
- hereinafter referred to as ‘Provider’ -
and
the customer designated in § 2 of the contract
- hereinafter referred to as ‘Customer’ -
are concluded.

§ 1 Scope of application, definitions

(1) The Vendor offers goods via the e-commerce platform Etsy. In doing so, he publishes content in a ‘shop’, on a subpage of Etsy (URL: https://www.etsy.com/shop/Ikatisart) and its respective subpages, the ‘product pages’.

(2) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The presentation of the goods in the shop does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.

(2) A customer is anyone who submits an offer to purchase goods from the provider. The customer can select products from the provider's range and collect them in a so-called shopping basket using the ‘add to basket’ button. By clicking the button ‘pay with paypal/applepay or ‘order with obligation to pay’, the customer submits a binding offer to purchase the goods in the shopping basket. By submitting the offer, the customer accepts these contractual provisions and thereby includes them in his offer declaration.

(3) Etsy takes over parts of the electronic communication with the customer independently and can, for example, send the customer an automatic confirmation of receipt of the application by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is accepted by a separate declaration of acceptance by the provider, e.g. by the provider's dispatch notification, at the latest by receipt of the goods.

(4) The contract language is German.

§ 3 Delivery and dispatch

(1) The shipping costs, the processing time and the shipping time can be found on the article pages.

(2) Whether the goods are kept in stock or made to order (customised production) can be found in the item description.

(3) The processing time is the time the shop needs to prepare an order for dispatch or the time between placing your order and the time the shop dispatches your order. In the case of customised products or products made to order, this includes the time required to manufacture the customised product. The time of dispatch of your order is the time of our order confirmation, subject to prior payment of the purchase price.
(4) The dispatch time is the time between dispatch and arrival of the product at the recipient. We dispatch the items immediately after the sale. This means that we will ship the item no later than 30 days after the date of purchase, unless a different processing time has been specified by us or we have made a different agreement with you via the Etsy messaging system. Before we update the processing time for a current order, we must first obtain the consent of the customer concerned.
(5) The vendor delivers to the address that appears on the Etsy receipt for the purchase. Etsy fills this receipt with the information from the customer's order. If the customer is responsible for an incorrect recipient address on the Etsy receipt or if the receiving address is to be changed subsequently, the customer shall bear any additional costs incurred as a result. For this purpose, the personal or business recipient's name is also considered the receiving address.
(6) Any customs duties incurred shall be borne by the customer.
(7) After dispatch, the seller marks the order as dispatched in his Etsy Shop Manager, unless a shipping label purchased on Etsy was used, in which case this process is triggered automatically. As a result, the customer receives a dispatch confirmation from Etsy.

§ 4 Retention of title

In the event that the purchase price is not paid to the vendor's Etsy account before the goods are handed over, the ownership of the goods remains with the vendor until the purchase price has been paid in full.

§ 5 Sales taxes

The sales taxes displayed on the product pages in the customer's country are calculated and displayed by Etsy.

§ 6 Payment modalities

(1) The payment methods are provided by Etsy, which is why the provider is not responsible for any transaction risk.

(2) Payment of the purchase price is due at the latest upon receipt of the order confirmation.

§ 7 Warranty rights & guarantees
(1) Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
(2) In the case of contracts concluded with entrepreneurs, the following shall apply: Claims for material defects shall become time-barred of the handover or delivery of the goods.
(3) The following applies to the sale of used goods to consumers: If the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
(4) The following applies to the sale of used goods to entrepreneurs: Any liability for material defects is excluded.
(5) The above restrictions and shortened deadlines for entrepreneurs and consumers do not apply to claims based on damage caused by the provider, its legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of wilful or grossly negligent breach of duty or fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed with the provider itself or
- insofar as the scope of application of the Product Liability Act is opened.
(6) The supplier himself does not give any guarantees over and above the statutory warranty. Insofar as the manufacturer of the goods gives a so-called manufacturer's guarantee on the goods, you will find the exact conditions on the respective product page or in the respective product information in the shop. The provider is not liable for the accuracy of the information provided by the manufacturer regarding the guarantee. The manufacturer alone is liable for any claims arising from a manufacturer's warranty.
(7) A product labelled ‘Recycled’ is generally not considered to be used goods unless otherwise stated in the item description.

§ 8 Liability
(1) We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of willful or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed by the provider itself, or
- insofar as the scope of application of the Product Liability Act is opened.

(2) In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

§ 9 Special provisions for the purchase of digital products
(1) Digital products are provided by Etsy.
(2) The Vendor is the manufacturer of the Digital Product.
(3) The Vendor grants Etsy the right to grant the Customer limited rights of use for an unlimited period of time.
(4) The customer does not have the right to grant third parties the right to use the digital product. This applies in particular to the resale of the product, even in a slightly modified form. The customer may not register any industrial property rights to the product.
(6) The provider's product description may regulate deviating provisions.

§ 10 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) We are willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board to resolve disputes with consumers. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body in order to settle the aforementioned disputes.

(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Cancellation policy

(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraphs (2), (4), (5) and (6). A sample cancellation form can be found in paragraph (3).

a. Cancellation policy 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, have taken possession of the goods. To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, WhatsApp message or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

b. Consequences of cancellation 


If you cancel this contract, we shall reimburse to you all payments received from you, excluding the costs of returning the goods, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment 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 or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods. This does not apply if the goods are of such a nature that they cannot be returned by post and they have been brought to your home by us upon conclusion of the contract.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

(2) The right of cancellation does not apply if the customer has the item customised. Articles are individualised if, according to § 312g II No. 1 BGB, the goods are not prefabricated and an individual selection or determination by the consumer is decisive for their manufacture or if they are clearly tailored to the personal needs of the consumer. This applies in particular to articles for which a declaration was made to the supplier at the time of ordering or beyond, certain personalisation requests can be made on the article (e.g. lettering, engravings, etc.) and these personalisation requests significantly affect the chances of resale to other persons after production.

(3) The provider shall provide the following information about the model cancellation form in accordance with the statutory provisions:

Sample cancellation form
(If you wish to cancel the contract, you can fill in this form and send it to us)

I/we (*) hereby cancel 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 for notification on paper)
Date

(*) Delete as appropriate

(4) Insofar as it concerns a contract for the provision of digital content that is not on a physical data carrier, the following shall apply: The cancellation period begins with the conclusion of the contract. The digital product will only be delivered to the customer after the cancellation period has expired. If the customer wishes to receive the digital product before expiry of the cancellation period, he must expressly declare that he wishes to receive the digital product before expiry of the cancellation period and that he waives his right of cancellation and is aware that this declaration will result in the expiry of his right of cancellation. In the case of a contract that does not oblige the consumer to pay a price, the right of withdrawal expires when the trader has started to fulfil the contract.

(5) Insofar as the goods are a digital product that is developed according to the customer's specifications within the meaning of § 327 IV BGB, paragraph IV of this cancellation policy applies accordingly, with the proviso that the supplier only begins to develop the product after the cancellation period has expired. If the customer wishes the development of the digital product to begin before the expiry of the cancellation period, he must expressly declare that he wishes the development of the digital product to begin before the expiry of the cancellation period and that he waives his right of cancellation and is aware that his right of cancellation will expire as a result of this declaration.

(6) Entrepreneurs have no right of cancellation.