General Terms and Conditions

§ 1 Basic Terms

(1) The following terms and conditions apply to any contract concluded via etsy internet platform between Astrid Haas, Glockenstr. 32, 67655 Kaiserslautern, Deutschland – hereafter called supplier – and the customer. Unless otherwise agreed, any inclusion of terms and conditions on behalf of the customer will not apply.

(2) Consumer in the sense of the following terms and conditions is any natural person concluding legal transactions on purposes related to neither their commercial nor self-employed business operations.

(3) Contract language is German or English. The entire contract text will not be saved by the supplier. Before submitting the order, contract data can be printed via the brower’s print function, or saved electronically. Upon receipt of the order by the supplier, order data, statutory information on distance selling contracts and General Terms and Conditions will be sent to the customer once more via e-mail.

§ 2 Subject of Contract
Subject of the contract is the sale of goods. The details, in particular the main features of the good are provided in the item’s description as well as in the complementary descriptions on the supplier’s web page.

§ 3 Conclusion of the Contract

(1) When a new item is added on etsy by the supplier, the activation of the offer page on etsy does not represent a binding offer to conclude a contract of sale, but a request to place an order (offer to buy by the customer)

(2) For the conclusion of the contract, the etsy terms and conditions apply, especially paragraph 4, a corresponding link is provided at the bottom of each page. There, conclusion of the contract is regulated as follows:


㤠4 Listing and Selling
…Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. …“

(3) The customer can place their offer to buy via the order system integrated into the item’s page. The items intended to purchase are deposited in the “Cart”. Via the corresponding button in the upper navigation bar, the customer can check the “Cart” and make modifications anytime. Upon clicking the button “CheckOut with PayPal”, the customer will be directed to the PayPal log-in page. Upon successful sign-in the customer will be shown their address and account data as stored by PayPal. Via the button “proceed”, the customer will be re-directed to etsy, more precisely to the order page on etsy. Before submitting the order, the customer is able to review any data, to change (also via the “back” function of the browser) respectively to cancel the purchase.

By submitting the order via the corresponding button, the customer makes a binding offer to the supplier.
Next, the customer receives an automated email confirming the receipt of their order, which does not yet conclude the contract.

(4) The acceptance of the offer (and thus conclusion of the contract) will be effected within 2 days by confirmation in textual form (e.g. e-mail) in which the customer will be confirmed the processing of the order or the dispatch of the goods (order confirmation).

If the customer shall not receive a corresponding message within this period, they are not bound to their order anymore. In this case, possible already performed services will be restituted immediately.

(5) Die Abwicklung der Bestellung und Übermittlung aller im Zusammenhang mit dem Vertragsschluss erforderlichen Informationen erfolgt per E-Mail zum Teil automatisiert. Der Kunde hat deshalb sicherzustellen, dass die von ihm beim Anbieter hinterlegte E-Mailadresse zutreffend ist, der Empfang der E-Mails technisch sichergestellt und insbesondere nicht durch SPAM-Filter verhindert wird.


§ 4 Prices, Shipping Cost

(1) Prices stated in the item offers as well as shipping cost are final prices. They include any price components including any incurring taxes.

In case of delivery to non-EU-countries, additional custom duties, taxes or fees may have to be paid by the customer, however not to the supplier but to the there competent customs or tax authorities. The customer is advised to ask the customs or tax authorities for details before placing the order.

(2) The incurring shipping cost are not included in the purchase price. They are based upon the prevailing specific offer of purchase and the within given details of shipping, will be shown separately in the course of the order transaction and are to be borne additionally by the customer unless free shipping has been approved.

(3) According to § 19 UStG (German Value Added Tax Act) no value added tax is shown in the invoice (small business regulation).

§ 5 Conditions of Payment and Shipping

(1) The customer is provided the payment options given in the concrete offer. Cash payment and pick-up of the goods is possible only when stated expressively in the item description.

(2) Delivery is carried out exclusively to those countries explicitely mentioned with the discrete item resp. shipping conditions. Where no other period is stated in the item description or the shipping information of the supplier, delivery will take place within 3 – 5 workdays after conclusion of the contract, with advance payment only upon receipt of the complete purchase price and shipping cost.

(3) Unless stated otherwise within the particular payment options, pecuniary claims from the contract concluded are due to be paid immediately.

(4) For consumers it is regulated by law, that the risk of accidental loss and of accidental deterioration of the sold goods during shipment shall pass to the consumer not before handover of the goods, regardless of shipment was insured or uncovered.

If the customer is a business owner shipment and delivery are carried out at their risk.

§ 6 Cost of Return Shipments when exercising Revocation Rights

In case of exertion of German statutory consumer revocation rights for distance selling contracts, it is agreed that the consumer is to cover the regular cost of return shipment if the price of the item to be returned does not exceed the amount of € 40.00 or if, at a higher price of the goods, the consumer has not yet provided the consideration or an agreed partial payment at the time of the revocation unless the delivered goods do not comply with the ordered ones. In any other case, the supplier shall bear the cost of return shipment.

§ 7 Right of Retention, Retention of Title

(1) A right of retention can be exerted by the customer only insofar as this is a claim resulting from the same contract.

(2) Until full payment of the purchase price the ownership of the goods remains with the supplier.

§ 8 Warranty

(1) German statutory regulations apply.

(2) Upon delivery, the customer as consumer is asked to check the goods for completeness, obvious deficiencies and transport damages and to inform the supplier as well as the carrier as soon as possible. If the customer does not comply with this, this has no effect on statutory warranty claims.

§ 9 Liability

(1) The supplier is unlimitedly liable for any damages resulting from harm to life, body or health, any case of intention and gross negligence, fraudulently concealing any defect, when warranting for the condition of the object of purchase, in case of damages according to German Product Liability Act, and any other case regulated by law.

(2) As far as significant contractual duties are concerned, the supplier’s liability in case of light negligence is limited to foreseeable damages typical for the contract. Significant contractual duties are significant duties resulting from the nature of the contract and whose breach would imperil the attainment of the contract’s purpose, as well as duties imposed on the supplier by the contract’s content regarding attainment of the contract’s purpose, whose fulfilment will enable proper conduct of the contract in the first place and on whose compliance the customer shall regularly rely on.

(3) In case of violation of unessential contractual duties, liability in case of light negligence of duties ist excluded.

(4) According to the current state of technology, data communication via internet cannot be warranted to be error-free and/or available at all times. Insofar, the supplier is not liable for permanent nor uninterrupted availability of the website and there offered services.

§ 10 Choice of Law, Place of Fulfilment, Jurisdiction

(1) German law applies. For consumers, this choice of law does only apply as far as this does not deprive them of protection granted by mandatory provisions of the law of the country that is the consumer’s regular residence (principle of favourability).

(2) Place of fulfilment for any services resulting from existing business relations with the supplier as well as jurisdiction is the domicile of the supplier, as far as the customer is not consumer, but merchant, body corporate organised under public law or special fund under public law. The same applies as far as the customer does not have a regular jurisdiction in Germany or in the EU or if the domicile or the habitual abode at the time of filing a complaint is unknown.

The capacity to go to court at a different legal jurisdiction shall remain unaffected by this.

(3) United Nations Convention on Contracts for the International Sale of Goods explicitely shall not apply.