General Terms and Conditions & Information on
Data protection & Cancellation policy & Cancellation form
Table of contents
A. General Terms and Conditions
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. applicable law
9. alternative dispute resolution
10. code of conduct
B. Information on data protection
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
1. introduction
2. right of revocation
3. consequences of the revocation
4. exclusion or premature expiry of the right of withdrawal
D. Withdrawal form
A. General Terms and Conditions
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Jessica David,
acting under "MedusaMacrame" (hereinafter referred to as "Seller"), apply to all contracts
for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "customer")
with the seller with regard to the goods sold by the seller on the internet trading platform
Etsy (hereinafter referred to as "Etsy"). Hereby the inclusion of
of the customer's own terms and conditions, unless otherwise agreed.
agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction
for purposes that are predominantly neither commercial nor their independent professional activity.
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
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.
offer to sell this item.
2.2 The customer can accept the seller's offer via the online order form provided on Etsy.
order form on Etsy. To do this, the customer must first add the desired item to
virtual shopping cart on Etsy and then go through the order steps specified by Etsy.
through the order steps specified by Etsy. By clicking the button that concludes the
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 made available to the customer after
contract together with these GTC and customer information in text form (e.g. e-mail, fax or letter).
(e.g. e-mail, fax or letter). Any further access to the contract text
of the contract text by the seller himself does not take place.
2.4 Before placing a binding order, the customer can correct possible input errors by
by carefully reading the information displayed on the screen.
recognize. An effective technical means for better recognition of input errors can be
the magnification function of the browser, which enlarges the display on the screen, can be an
on the screen is enlarged. The customer can check his entries before
order as part of the electronic ordering process using the usual keyboard and mouse functions.
correct his entries 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:
- German
English
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 cancellation policy.
of the seller.
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
is not shown, as the seller is a small business owner within the meaning of the UStG.
Any additional delivery and shipping costs that may be incurred are indicated separately in the
separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases
costs which are not the responsibility of the seller and which are to be borne by the customer.
are to be borne by the customer. These include, for example, costs for the transfer of money by
credit institutions (e.g. transfer fees, exchange rate fees) or
import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to
costs may also be incurred in relation to the money transfer if the delivery is not made to a country
outside the European Union, but the customer makes the payment from a country outside the
from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's offer
on Etsy.
4.4 When paying by means of a payment method offered via the "Etsy Payments" payment service
payment method, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin
Strand Street, Dublin 1, Ireland (hereinafter referred to as "Etsy UC") or - if the payment is made in the
currencies 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 in the context of payment processing via
Etsy Payments the use of various payment methods. For the processing of
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 communicated 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
available here: etsy.com/en/legal/etsy-payments/?ref=list
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5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer
address specified by the customer, unless otherwise agreed. When processing the
transaction, the delivery address specified in the order processing at Etsy is decisive.
is decisive.
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
right of withdrawal effectively. For the return costs, if the customer effectively exercises
of the right of revocation by the customer, the provision made in the seller's revocation
in this respect.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper
correct or improper self-delivery. This shall only apply in the
case that the seller is not responsible for the non-delivery and the seller has
diligence to conclude a specific covering transaction with the supplier.
with the supplier. The seller shall make every reasonable effort to procure the goods.
procure the goods. In the event of non-availability or only partial availability of the goods, the
goods, the customer shall be informed immediately and the consideration shall be
refunded immediately.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until full payment of the
owed purchase price in full.
7) Liability for defects
Unless otherwise stated in the following provisions, the provisions of the statutory
provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for
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; or
goods;
- in the case of used goods, the rights and claims for defects are
are excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of
replacement delivery is made.
7.2 The aforementioned limitations of liability and shortening of time limits shall not apply
not
- 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
and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products
updates for digital products, in the case of contracts for the delivery of goods with digital
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
obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the
regulated there, the goods shall be deemed approved.
7.5 If the customer is acting as a consumer, he is requested to report delivered goods with
obvious transport damage to the deliverer and to inform the seller of this.
of this. If the customer does not comply with this, this shall have no
any effect on his statutory or contractual claims for defects.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties
Germany to the exclusion of the laws on the international sale of movable goods.
goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not
protection by mandatory provisions of the law of the country in which the consumer has his
has his habitual residence is not withdrawn.
9) Alternative dispute resolution
The seller is not obliged to participate in a dispute resolution procedure before a consumer
consumer arbitration board, but is prepared to do so.
10) 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-imhandel.
de/participation-conditions/
C. Cancellation policy
No refund or exchange for Buyers from non EU States!
Introduction
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is
is any natural person who enters into a legal transaction for purposes which are
predominantly neither their commercial nor their independent professional activity
can be attributed to them:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
to revoke this contract.
The withdrawal period shall be fourteen days from the day on which you or a third party
third party named by you, who is not the carrier, took possession of the last goods.
or has.
To exercise your right of withdrawal, you must inform us (Jessica David, MedusaMacrame,
Jülicher Straße 106, 40477 Düsseldorf, Germany, E-Mail: MedusaArt@myyahoo.com) by means of a clear statement (e.g. a letter sent by post
sent by post or e-mail) of your decision to withdraw from this contract,
inform. You can use the attached model withdrawal form for this purpose, which is
is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise
of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall return to you all payments that we have received from you, including
including the delivery costs (with the exception of the additional costs
costs resulting from the fact that you have chosen a type of delivery other than the cheapest
the most favorable standard delivery offered by us), immediately and at the latest
within fourteen days from the day on which we receive the notification of your
revocation of this contract has been received by us. For this repayment we 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 any
you will be charged for this repayment.
In the case of contracts for the delivery of goods, we may refuse repayment until we
have received the goods back or until you have provided proof that you have returned the goods.
you have returned the goods, whichever is the earlier.
You must return the goods without delay and in any case within twenty-one
days from the day on which you inform us of the revocation of this contract.
return or hand them over to us. The deadline is met if you return the goods before
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value
loss in value is due to handling of the goods that is not necessary for checking their condition, properties and
of the goods is due to handling of the goods that is not necessary for checking their condition, properties and function.
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 the manufacture of which an individual selection or determination by the consumer is
by the consumer or which are clearly tailored to the personal needs of the consumer.
needs of the consumer.
D. Withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to us.
send it back to us.
To
Jessica David
MedusaMacrame
Jülicher Street 106
40477 Düsseldorf
Düsseldorf, Germany
E-Mail: MedusaArt@myyahoo.com
I/we (*) hereby revoke 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(s)
(*) Delete as appropriate