Part I - General Terms and Conditions
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 „karolart“ is Steffen Karol, Am Schloßgarten 12, 07381 Wernburg, phone (03647)447870, e-mail (referred to sk-gaia@gmx.de as the “Vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement 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 merchandise presented in the Etsy Shop “karolart” for sale to other Etsy users. The colors of the merchandise 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) Selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The Customer shall select the merchandise desired by placing it in his “Cart” (“Warenkorb”). When the cart contains all merchandise desired, the Customer proceeds to the checkout by clicking on “Proceed to Checkout” (“Zur Kasse gehen”). The following page titled “Please confirm and submit your order” shall display a summary, so that the Customer can check for any incorrect input. On this page, the Customer can place his order with the Vendor by clicking on the button “Pay now” (“Jetzt bezahlen”); where the Customer uses Klarna (“Sofort”) for payment, the order will be placed with the Vendor by clicking on the button “Next” (“Weiter”) on the page titled “Transaction confirmation” (“Transaktion bestätigen”). Until the order is transmitted to the Vendor, the Customer may go back one or multiple steps in the browser to modify the data input or to completely discontinue the order.
(4) The Vendor is making a binding sales offer for the merchandise presented in his shop. By transmitting the order using the button “Pay Now” (“Jetzt bezahlen”), the Customer accepts the sales offer; The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(5) The content of a contract concluded is stored by Etsy in the Vendor’s and the Customer’s Etsy user accounts and may be viewed by the Customer in his user account on the Etsy portal in section “Purchases and Reviews” (“Einkäufe und Bewertungen”) in the “You” (“Du”) menu. After conclusion of a contract, Etsy shall also send an e-mail with the content of the contract to the Customer. Beyond that, the Vendor neither saves the content of the contract nor does he provide access to it outside the Etsy platform.
(6) 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 total prices plus shipping costs. Prices include VAT.
(2) The shipping costs are listed in the respective product description under “Shipping & Returns” (“Versand & Rückgaben”)
(3) The Customer can pay by credit card (VISA, MasterCard, American Express). In the Cart section, additional means of payment may be available, such as PayPal or Klarna (“Sofort.”).
(4) Customer payments may be received by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland, or, if payment is made in US$ oder CAN$, by Etsy Inc., 117 Adams Street, Brooklyn, NY, USA, (“Etsy” for short) on behalf of the Vendor. Etsy shall forward the amount paid to the Vendor.
(5) The Vendor reserves ownership of the delivered goods until the Customer has paid their purchase price in full.
Section 4 – Right of withdrawal for consumers
(1) A Customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites.
(2) A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers' rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer's national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 5 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 6 – Alternative dispute resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution at ec.europa.eu/consumers/odr („ODR platform“).
(2) The provider is neither obliged nor willing to participate in an out-of-court consumer dispute resolution procedure.
Section 7 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) 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.
