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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 of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. reservation of title
7. liability for defects
8. special conditions for the processing of goods according to specific customer specifications
9. applicable law
10. alternative dispute resolution
11. code of conduct
B. Information on data protection
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1. information on the collection of personal data and contact details of the controller
2. making contact
3. data processing for order processing
4. rights of the data subject
5. duration of the storage of personal data
6. reference to the Etsy privacy policy
C. Cancellation policy
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1. introduction
2. right of withdrawal
3. consequences of the revocation
4. exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
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A. General Terms and Conditions
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1) Scope of application
1.1 These General Terms and Conditions of the company Andre Schmidt (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop Etsy (hereinafter referred to as "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, 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 be attributed neither to their commercial nor their 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 via 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 order steps specified by Etsy. By clicking on the button that concludes the order process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the contract has been concluded, together with these GTC and customer information. The Seller shall not make the text of the contract available beyond this.
2.4 Before placing a binding order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges 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.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not shown, as the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.
4.3 When paying by means of a payment method offered via the payment service "Etsy Payments", payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the 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 use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use the payment services of third parties to process payments. The specific payment method(s) available for the respective goods will be displayed 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/en/legal/etsy-payments/?ref=list
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at 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 for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall 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 shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods 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 shall apply. This shall not apply 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;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for 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.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Code of conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.
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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 controller
1.1 We are pleased that you are visiting our Etsy site (hereinafter "Website") and thank you for your interest. In the following, we 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 controller in charge of data processing, within the meaning of the General Data Protection Regulation (GDPR), is Andre Schmidt, your3DesignDe, Schulzenhof 149, 33106 Paderborn, Deutschland, Tel.: +4915159831176, E-Mail: a-schmidt10@web.de. The controller responsible for the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Making contact
Personal data is collected when you contact us (e.g. via contact form or e-mail). You can see what this is from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
3) Data processing for order processing
3.1 Insofar as necessary for contract processing for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, email address) provided by you when placing the order in order to inform you personally by suitable means of communication (e.g. by post or email) about upcoming updates within the legally prescribed period as part of our statutory information obligations pursuant to Art. 6 para. 1 lit. c GDPR. Your contact details will be used strictly for the purpose of notifying you of 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 together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 Orders are processed by the service provider "Billbee" (Billbee GmbH, Arolser Str. 10, 34477 Twistetal, Germany). Name, address and, if applicable, other personal data will be passed on to Billbee in accordance with Art. 6 para. 1 lit. b GDPR exclusively for processing the online order. Your data will only be passed on if this is actually necessary for processing the order. Details on data protection at Billbee and Billbee's privacy policy can be found on Billbee's website at "billbee.io".
3.3 When using the payment method Etsy Payments, the payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, the payment is processed via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 para. 1 lit. b GDPR and only insofar as this is necessary for payment processing.
For further data protection information, please refer to Etsy's privacy policy: etsy.com/en/legal/privacy/
4) Rights of the Data Subject
4.1 Current data protection law grants you comprehensive rights as a data subject (rights to access and intervention) against the controller concerning the processing of your personal data, which we inform you about as follows:
Right of access according to Art. 15 GDPR: You have the right to obtain information about your personal data processed by us, the purposes of the 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 duration or the criteria for determining the storage duration, the existence of a right to rectification, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the source of your data if not collected 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 on you, as well as your right to be informed of the guarantees according to Art. 46 GDPR in case your data is transferred to third countries;
Right to rectification according to Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
Right to deletion according to Art. 17 GDPR: You have the right to demand the deletion of your personal data if the conditions of Art. 17 para. 1 GDPR are met. However, this right does not exist, in particular, if the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
Right to restriction of processing according to Art. 18 GDPR: You have the right to demand the restriction of processing of your personal data as long as the accuracy of your data is being verified, if you reject the deletion of your data due to unlawful data processing and instead demand the restriction of processing of your data, if you need your data for the establishment, exercise or defense of legal claims after we no longer need these data for their purpose, or if you have objected for reasons arising from your particular situation, as long as it is not yet determined whether our legitimate grounds prevail;
Right to be informed according to Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to communicate any rectification or deletion of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data provided to us in a structured, commonly used and machine-readable format or to request the transfer to another controller, as far as technically feasible;
Right to revoke consent given according to Art. 7 para. 3 GDPR: You have the right to revoke consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the affected data immediately, unless further processing cannot 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 lodge a complaint according to Art. 77 GDPR: If you believe that the processing of personal data relating to you violates the GDPR, you have the right to lodge a complaint with a supervisory authority, especially in the Member State of your residence, place of work or place of the alleged violation, without prejudice to any other administrative or judicial remedy.
4.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCING OF INTERESTS DUE TO OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING PURPOSES, 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 THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT MARKETING PURPOSES.
5) Duration of Personal Data Storage
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing and - if applicable - additionally by the respective legal retention period (e.g., commercial and tax retention periods).
If personal data is processed based on express consent according to Art. 6 para. 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.
If there are legal retention periods for data processed within the scope of legal or quasi-legal obligations based on Art. 6 para. 1 lit. b GDPR, these data are routinely deleted after the retention periods expire, provided they are no longer required for contract fulfillment or contract initiation and/or there is no continued legitimate interest in their further storage on our part.
If personal data is processed based on Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object according to Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or if the processing is for the establishment, exercise, or defense of legal claims.
If personal data is processed for the purpose of direct marketing based on Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right to object according to Art. 21 para. 2 GDPR.
Unless otherwise arising from the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Note on the Etsy Privacy Policy
For all further data processing that goes beyond the data processing described above, the platform Etsy is responsible. Further information on Etsy's data protection can be found in Etsy's privacy notices: etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation Policy
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Introduction
Consumers have a right to cancel according to the following stipulation, where a consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession:
Right to Cancel
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 last goods.
To exercise your right of cancellation, you must inform us (Andre Schmidt, your3DesignDe, Schulzenhof 149, 33106 Paderborn, Germany, Tel.: +4915159831176, Email: a-schmidt10@web.de) by means of a clear statement (e.g., a letter sent by post or email) of your decision to cancel this contract. You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of Cancellation
If you cancel this contract, we must reimburse to you all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this reimbursement.
For contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back, or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than twenty-one days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send the goods before the period of twenty-one days has expired.
You will bear the direct cost of returning the goods.
You only need to pay for any diminished value of the goods if this value loss results from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiration of the Right to Cancel
The right to cancel does not exist for contracts for the delivery of goods that are not prefabricated and for whose manufacturing 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. Withdrawal form
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If you wish to withdraw from the contract, please complete and return this form.
To
Andre Schmidt
your3DesignDe
Schulzenhof 149
33106 Paderborn
Paderborn, Germany
E-Mail: a-schmidt10@web.de
I/we (*) hereby cancel 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)
________________________________________________________
Signature of the consumer(s) (only for notification on paper)
_________________________
Date(s)
(*) Delete as appropriate
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