English Version:
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General Terms and Conditions of Business with Customer Information & Data Protection Information
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Table of contents
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A. General Terms and Conditions of Business with Customer Information
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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. Granting rights of use for digital content
7. Retention of title
8. Liability for defects
9. special conditions for the processing of goods according to the
customer's specifications
10. Applicable law
11. Alternative Dispute Resolution
12. Code of Conduct
B. Information on data protection
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1. Collection, processing, use and disclosure of personal data
2. Social Plugins
3. Your rights and contact details
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A. General Terms and Conditions of Business with Customer Information
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1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Claudia Scholz-Horvat (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with respect to the goods and/or services presented by the Seller on the Etsy Internet trading platform (hereinafter referred to as "Etsy"). The inclusion of the customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 Contracts for the delivery of digital content shall be subject to these GTC, unless otherwise expressly agreed.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
1.4 Digital contents in the sense of these GTC are all data not stored on a physical data carrier, which are produced in digital form and provided by the seller under granting of certain rights of use more precisely regulated in these GTC.
2) Conclusion of contract
2.1 By posting an item at 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 held by Etsy. To do this, the customer must first insert the desired article into the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button that concludes the order process, the customer declares his acceptance of the offer, thereby creating a purchase contract for the goods previously selected by the customer.
2.3 The text of the contract shall be stored by the seller and sent to the customer in text form (e. g. e-mail, fax or letter) after conclusion of the contract together with the present GTC and customer information. A further disclosure of the contract text by the seller himself will not take place.
2.4 Before placing an order, the customer can detect possible input errors by carefully reading the information displayed on the screen. The magnification function of the browser can be an effective technical tool for better recognition of input errors, which can be used to enlarge the display on the screen. The customer can correct his or her entries with the usual keyboard and mouse functions prior to the binding submission of the order as part of the electronic ordering process.
2.5 Only 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 revocation can be found in the seller's right of revocation.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 The prices quoted by the Seller are total prices. Value added tax is not shown, because the seller is a small businessman according to § 19 Abs. 1 UStG. If applicable, additional delivery and shipping costs are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which are not the responsibility of the seller and which 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 levies or taxes (e. g. customs duties). Such costs may be incurred in connection with the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's offer at Etsy.
4.4 If the payment method "PayPal" is selected, payment processing is carried out via the payment service provider PayPal (Europe) S. à r. l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg under the terms of use of PayPal, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has one.
4.5 For payments by "Etsy voucher" the voucher conditions of Etsy apply, which can be viewed at https://www.mydearpoppet.com/de/help/article/3292.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be shipped to the delivery address specified by the customer. When processing the transaction, the delivery address indicated in the order processing at Etsy is decisive.
5.2 If the transport company sends the shipped goods back to the seller, since it was not possible to deliver them to the customer, the customer shall bear the costs for unsuccessful shipment. This does not apply if the customer effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had notified him of the service for a reasonable period of time in advance.
5.3 Digital content shall be provided to the customer exclusively in electronic form as follows:
by download
6) Granting rights of use for digital content
6.1 Unless otherwise specified in the content description of the seller at Etsy, the seller grants the customer the non-exclusive, local and temporal unlimited right to use the provided content exclusively for private purposes.
6.2 Passing on the contents to third parties or making copies for third parties outside the scope of these GTC is not permitted, unless the seller has consented to the transfer of the contractual license to the third party.
6.3 In accordance with § 158 para. 1 BGB (German Civil Code), the granting of rights shall only become effective after the customer has fully paid the contractually owed remuneration. The seller may also grant provisional permission to use the contents of the contract before this date. Such provisional authorisation does not constitute a transfer of rights.
7) Retention of title
If the seller enters into advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects
8.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
8.2 Deviating from this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. The shortening of the limitation period to one year does not apply, however.
for objects which have been used in accordance with their normal use for a building and which have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested to complain about the delivered goods with obvious transport damages to the deliverer 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.
9) Special conditions for the processing of goods according to the customer's specifications
9.1 If, after the content of the contract, the seller is responsible for the delivery of the goods and the processing of the goods in accordance with the customer's specifications, the customer must provide the operator with all content such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant him the rights of use required for this purpose. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademarks and personal rights.
9.2 The customer indemnifies the seller from claims of third parties, which they can assert against the seller in connection with a violation of their rights through the contractual use of the customer's contents by the seller. The customer shall also bear the reasonable costs of the necessary legal defence including all court and lawyer's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to provide the seller with all information necessary for the examination of the claims and a defence without delay, truthfully and completely.
9.3 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 morality. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, offensive, youth endangering and/or glorifying violence.
10) Applicable law
10.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law shall not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for the online settlement of disputes on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Code of Conduct
The seller is subject to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/
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B. Information on data protection
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1) Collection, processing, use and disclosure of personal data
1.1 Personal data is only collected by us if you provide it to us for the execution of the contract. We use the personal data provided by you on this occasion for the execution of the contract as well as for processing your enquiries.
1.2 We pass on your data within the scope of contract processing to the transport company commissioned with the delivery, as far as this is necessary for the delivery of the goods.
1.3 If you pay by credit card via PayPal or direct debit via PayPal, we will pass on your payment details to PayPal (Europe) S. à r. l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg.
1.4 After the complete processing of the contract, your data will be stored with regard to fiscal and commercial retention periods, but will be blocked for other purposes and deleted after expiry of these periods, unless you have expressly consented to the further use of your data.
2) Social Plugins
2.1 The Etsy pages use so-called Social Plugins ("Plugins") of the Facebook social network operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). When you visit a page of us at Etsy that contains such a plugin, your browser establishes a direct connection to the servers of Facebook.
By including it, Facebook receives the information that your browser has accessed the corresponding Etsy page, even if you do not have a Facebook profile or are not currently logged on to Facebook. This information (including your IP address) is sent directly from your browser to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately associate visiting our Etsy pages with your Facebook profile. When you interact with the plugins, this information is also sent directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. For the purpose and scope of data collection and further processing and use of the data by Facebook, as well as your rights and options for privacy protection, please refer to Facebook's privacy policy: https://www.facebook.com/policy.php.
If you do not want Facebook to associate the information collected through our pages at Etsy directly with your Facebook profile, you must log out of Facebook before you visit our pages at Etsy.
2.2 On the Etsy pages, so-called Social Plugins ("Plugins") of the social network Pinterest are used, which is operated by Pinterest Inc. of 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest"). If you access a page of us at Etsy that contains such a plugin, your browser establishes a direct connection to the servers of Pinterest. The plugin transmits so-called protocol data to the server of Pinterest in the USA. This log data may include the IP address, the address of the websites visited, which have pinterest functions, browser type and settings, date and time of the request, how you use Pinterest, and cookie. For the purpose and scope of data collection and further processing and use of the data by Pinterest, as well as your rights and options for the protection of your privacy, please refer to Pinterest's privacy policy: https://about.pinterest.com/de/privacy-policy.
3) Your rights and contact details
You have the right to free information about your data stored by us and, if necessary, the right to correct, block or delete this data. If you have any questions about the collection, processing or use of your personal data, you can contact us free of charge. Our contact address can be found in our imprint.
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Cancellation policy & cancellation form
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Consumers are entitled to a right of withdrawal in accordance with the following provision, whereby consumers are every natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity:
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A. Cancellation policy
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Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
The period of revocation shall be fourteen days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us (Claudia Scholz-Horvat, Brunnenstraße 43,89584 Ehingen, Germany, tel.: 073939527535, e-mail: art@urban-sea.com) by means of a clear declaration (e. g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund to you immediately all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline.
You shall bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
Exclusion or premature extinction of the right of withdrawal:
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
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B. Revocation form
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If you wish to revoke the contract, please fill in this form and send it back.
To
Claudia Scholz-Horvat
Brunnenstrasse 43
89584 Ehingen
Germany
E-mail: art@urban-sea.com
Herewith I/we (*) hereby revoke the contract for the purchase of the following goods (*)/performance of the following service (*) concluded by me/us (*)
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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)
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Signature of the consumer (s) (only for communication on paper)
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date
(*) Delete as applicable
