Imprint/ cancellation policy/ model cancellation form/
general terms and conditions and customer information/ privacy policy
imprint
Legal provider identification:
RAB Jul GmbH
this represents dd managing director Anastasia Bar, Anastasia Bar
Knesebeckstr. 59 - 61
10719 Berlin
Germany
Phone: +49 (0) 30 24 31 020
Email: info@redcherryblvd.com
VAT ID: DE353280340
entered in the commercial register of the District Court of Charlottenburg (Berlin)
commercial register number HRB 236241 B
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
Right of withdrawal for the sale of goods
Right of withdrawal for consumers
(A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activity.) Instructions on
cancellation Right of
cancellation
You have the right to cancel this contract within 30 days without giving a reason.
The cancellation period is 30 days from the day
on which you or a third party named by you who is not the carrier took possession of the goods, provided that you ordered one or more goods as part of a single order and this is or will be delivered uniformly ;
- on which you or a third party named by you, who is not the carrier, took possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately ;
- on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces ;
In order to exercise your right of withdrawal, you must inform us (RAB Jul GmbH, Knesebeckstr. 59 - 61, 10719 Berlin, telephone number: +49 (0) 30 24 31 020, e-mail address: info@redcherryblvd.com)by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation
If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery), immediately and at the latest within 14 daysfrom the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods to us immediately and in any event not later than 14 days from the day on which you inform us of the cancellation of this contract to be returned or handed over. The deadline is met if you send back the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
- for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
Sample cancellation
form (If you want to cancel the contract, please fill out this form and send it back.)
- To RAB Jul GmbH, Knesebeckstr. 59 - 61, 10719 Berlin , e-mail address: info@redcherryblvd.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 consumer(s)
- address of consumer(s)
- signature of consumer(s) (only if notification is on paper)
- Date
(*) Delete where not applicable.
General Terms and Conditions and Customer Information/Privacy Policy
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you have with us as a supplier ( RAB Jul GmbH) via the Internet platform etsyshut down. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods .
(2) If an item is purchased from us on etsy set, lies in the activation of the offer page at etsy the binding offer to conclude a contract under the conditions contained on the article page.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After selecting the payment method and calling up the "Proceed to checkout" or "Pay with PayPal" page, the personal data and the data relating to the payment method are entered. Finally, all order data is displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal or Sofort) as the payment method, you will first be forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to etsy to the order summary page.
Before sending the order, you have the option of checking all the information again on the order overview page, changing it (also using the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the corresponding button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention , retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed by us of the same before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
RAB Jul GmbH
Knesebeckstr. 59 - 61
10719 Berlin
Germany
Phone: +49 (0) 30 24 31 020
Email: info@redcherryblvd.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text
storage 3.1. Contract language is German .
3.2. We do not save the full text of the contract. Before sending the order , the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Main features of the goods or service
The main features of the goods and/or service can be found in the respective offer.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
5.4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
Unless a different period is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days after the conclusion of the contract (if advance payment has been agreed, however, only after the date of your payment instruction).
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
7. Statutory liability
for defects Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
last update: 29.11.2022
Data protection
declaration Unless otherwise specified below, the provision of your personal data is neither required by law nor by contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is given in the subsequent processing operations.
"Personal data" means any information relating to an identified or identifiable natural person.
Responsible
Contact us if you wish. The person responsible for data processing is: RAB Jul GmbH, Rosenstr 2, 10178 Berlin Berlin, (0) 30 24 31 02 137, info@redcherryblvd.com
Collection, processing and disclosure of personal data when placing orders
When you place an order, we only collect and process your personal data to the extent that this is necessary to fulfill and process your order and to process your inquiries. The provision of the data is necessary for the conclusion of the contract. Non-provision means that no contract can be concluded. The processing takes place on the basis of Article 6 Paragraph 1 lit. b GDPR and is necessary for the fulfillment of a contract with you.
Your data will be passed on, for example, to the shipping companies and dropshipping providers, payment service providers, service providers for order processing and IT service providers you have selected. In all cases, we strictly observe the legal requirements. The amount of data transmission is limited to a minimum.
Merchandise management
Use of an external merchandise management
system We use a merchandise management system for contract processing as part of order processing. For this purpose, your personal data collected as part of the order will be transmitted to
Billbee GmbH, Arolser Str. 10, 34477 Twistetal
.
Using PayPal
We use the PayPal payment service from PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you using the selected payment method. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR.
All PayPal transactions are subject to the PayPal Privacy Policy. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Using PayPal Plus
We use the PayPal Plus payment service from PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing takes place on the basis of Article 6 Paragraph 1 Letter b GDPR.
For individual payment methods such as credit card via PayPal, direct debit via PayPal, PayPal reserves the right to obtain creditworthiness information on the basis of mathematical-statistical procedures using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of non-payment for a balanced decision on the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and which, among other things, include address data. Your concerns will be considered in accordance with the statutory provisions. The data processing serves the purpose of a credit check for the initiation of a contract. The processing takes place on the basis of Art. 6 (1) (f) GDPR from our overriding legitimate interest in protection against non-payment if PayPal makes an advance payment.
You have the right to object to this processing based on Article 6 (1) (f) GDPR at any time for reasons that arise from your particular situation. Object to personal data concerning you by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method you require. Non-provision means that the contract cannot be concluded with the payment method you have chosen.
Duration of storage
Once the contract has been completed, the data will initially be stored for the duration of the warranty period, then taking into account statutory retention periods, in particular tax and commercial law, and then deleted after the period has expired, unless you have consented to further processing and use.
Rights of the
data subject If the legal requirements are met, you have the following rights under Art. 15 to 20 GDPR: Right to information, to correction, to deletion, to restriction of processing, to data portability.
In addition, according to Art. 21 Para. 1 GDPR, you have the right to object to the processing based on Art. 6 Para. 1 f GDPR and to processing for the purpose of direct advertising.
Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that your personal data is not being processed lawfully.
You can lodge a complaint, among other things, with the supervisory authority responsible for us, which you can reach under the following contact details:
Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstr. 219
Visitor entrance: Puttkamerstr. 16 – 18 (5th floor)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
Email: mailbox@datenschutz-berlin.de Right to
object
If the personal data processing listed here is based on our legitimate interest in accordance with Article 6 Paragraph 1 lit. f GDPR, you have the right for reasons that arise resulting from your particular situation, to object to this processing at any time with effect for the future.
After an objection has been raised, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
last update: 29.11.2022
