Terms and conditions of withdrawal
General terms and conditions, customer information, privacy statement and information on the disposal of batteries
§ 1 Scope, subject matter of the contract and identity of the seller
(1) The following provisions apply to all contracts between me, namely
<First name, last name>
<Street>
<Zip code, city>
<Country>
Telephone:
Fax:
E-mail:
as the seller, and you as the buyer regarding the sale and delivery of the items I offer via the Etsy Internet platform.
§ 2 Consumers and entrepreneurs
(1) My offers are aimed at both consumers and entrepreneurs.
(2) A consumer in this sense is any natural person who concludes the contract with me for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
(3) An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding the contract with me, is acting in the exercise of their commercial or independent professional activity.
§ 3 Agreements and information on the conclusion of the contract
(1) The individual technical steps that lead to the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the following provisions.
(2) If I list an article on Etsy, the activation of the article page on Etsy constitutes a binding offer to conclude a purchase contract under the conditions contained in the article page.
(3) The Etsy terms and conditions apply to the conclusion of the contract. A link to the Etsy terms and conditions can be found at the bottom of every Etsy page.
In the Etsy terms and conditions, the conclusion of the contract is regulated as follows depending on the respective format of the offer:
"§ 6 Offer formats and conclusion of contract (...)
2. If a seller uses the Etsy services to list an item in auction or fixed price format, they make a binding offer to conclude a contract for that item. They determine a starting or fixed price and a deadline within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the suspensive condition that the minimum price is reached.
3. The seller can also provide offers in auction format with a Buy Now function. This can be exercised by a buyer as long as no bid has been made on the item or a minimum price has not yet been reached. Etsy reserves the right to change this function in the future. (...)
4. For fixed price items, the buyer accepts the offer by clicking the "Buy Now" button and then confirming. For fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy Now" button and completing the payment process that follows immediately. The buyer can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the payment process that follows immediately.
5. In auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the suspensive condition that the buyer is the highest bidder after the end of the offer period. A bid expires if another buyer makes a higher bid during the offer period. (...)
6. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user, who is again the highest bidder after the auction has ended due to the bid withdrawal, and the seller.
8. In certain categories, the seller can add a price suggestion function to their offer. The price suggestion function enables buyers and sellers to negotiate the price for an item. (...)
11. If an item is deleted from Etsy before the end of the offer period, no effective contract is concluded between the buyer and the seller."
(4) Purchase via the "Buy Now" or "Bid" function
By clicking on the "Buy Now" or "Bid" buttons on the item pages, you are not making a binding contractual declaration. Even after this, you have the option of checking the information you have provided and correcting it using the "Back" function of your Internet browser or cancelling the purchase. This option is no longer available until you have made a binding contractual declaration. The action by which you make a binding contractual declaration when making a purchase and the contract is concluded can be seen from the menu navigation on Etsy.
(5) Purchase via the shopping cart
If a purchase via the shopping cart is offered, place the goods you intend to buy in the "shopping cart" by clicking the "Add to cart" button on the item page. The "shopping cart" will then be displayed. You can also access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After you have called up the "Continue to purchase" page and entered the delivery address and selected the payment method, all order data will be displayed again on the order overview page.
If you select "PayPal" as the payment method, you will first be taken to a PayPal login window. After you have successfully logged in to PayPal, you will be redirected to the order overview page on Etsy.
Before you submit the order, you have the opportunity to check all the information again, change it - this can also be done using the "Back" function of your Internet browser - or cancel the purchase.
If you click the "Buy and pay" button, you declare your legally binding acceptance of the offer. This concludes the purchase contract.
(6) Purchase using the "Price suggestion" function
If the "Price suggestion" function is offered, you have the opportunity to make me a counter offer. This is done by clicking the "Send price proposal" button on the article page, entering your price proposal on the following page, selecting the "Check price proposal" button and confirming the "Send price proposal" button on the following page. This represents a binding offer. You are bound to the price proposal sent to me for two days. If I accept your price proposal, the purchase contract is concluded.
(7) The order is processed and all information required in connection with the conclusion of the contract is sent by email. You are therefore obliged to ensure that the email address you provide to me is correct and that the receipt of emails is technically guaranteed, ie in particular that it is not blocked by SPAM filters, for example.
§ 4 Storage of the contract text and language of the contract
(1) I do not store the complete contract text. Before you send the order, you can print out the contract data using the print function of your Internet browser or save it electronically. After I have received your order, the order data, the general terms and conditions, including the information required by law for distance selling contracts, will be sent to you again by email.
(2) The language available for concluding the contract is German.
§ 5 Essential characteristics of the goods
The essential characteristics of the goods can be found in the item description of the respective offers.
§ 6 Prices, shipping costs, return costs in the event of cancellation and payment conditions
(1) The purchase prices stated on the respective item pages and payable by you are final prices plus shipping costs. According to Section 19 UStG, sales tax is not shown separately on the invoice.
(2) Additional shipping costs are incurred for each order. They can be accessed via a corresponding labelled button in the respective item description, are shown separately during the order process and must be borne by you in addition, unless free delivery has been promised.
(3) In the event of cancellation, you will bear the direct costs of returning the goods.
(4) The available payment methods are listed in the respective item description.
(5) Unless otherwise stated for the individual payment methods, the purchase price to be paid by you is due immediately.
(6) If a purchase is made on account via PayPal, I assign my claim against you in full and irrevocably to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à rl et Cie, SCA will carry out a credit check using the data provided before accepting the assignment. I reserve the right to refuse you this payment method based on the results of the credit check. You will be informed of this during the Etsy purchase process. If the purchase on account via PayPal is approved, PayPal (Europe) S.à rl et Cie, SCA accepts the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à rl et Cie, SCA The payment period is 14 days from receipt of the goods.
§ 7 Delivery conditions
The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective item description. Unless a different deadline is specified in the item description, the goods will be delivered within three to five days of conclusion of the contract, but if advance payment has been agreed, only after the time of your payment instruction.
§ 8 Warranty
The statutory liability rights for defects apply to the goods.
§ 9 Guarantees
On the respective article pages and on special information pages in the Etsy shop you will find information on any additional guarantees that may exist and their exact conditions.
§ 10 Dispute resolution / OS platform
(1) The European Commission offers consumers a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/, which consumers can turn to in the event of disagreements in connection with a purchase or service contract concluded online via electronic commerce.
(2) I am neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Information on the disposal of batteries
I am legally obliged to inform you of the following in connection with the sale of batteries or the delivery of devices that contain batteries:
After use, you can return batteries that I have or have had in my range to me free of charge.
As an end user, you are legally obliged to return used batteries.
The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be disposed of in household waste.
Hg = battery contains more than 0.0005 percent mercury by weight.
Cd = battery contains more than 0.002 percent cadmium by weight
Pb = battery contains more than 0.004 percent lead by weight
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of
- the goods (in the case of delivery of one good or a single delivery of several goods that you have ordered as part of a single order) or
- the last good (in the case of separate delivery of several goods that you have ordered as part of a single order) or
- the last partial delivery or the last piece (in the case of delivery of one good or several goods that you have ordered as part of a single order in several partial deliveries or pieces).
To exercise your right of cancellation, you must inform us (Jannik Scholkmann, Giselastr. 21a, 10317 Berlin, Germany, telephone: 015786873600, TE-Mail: jscholk91@gmail.com) of your decision to cancel this contract by means of a clear declaration (eg a letter sent by post, fax or e-mail). You may use the attached sample cancellation form for this purpose, although this is not mandatory. To meet the cancellation deadline, it is sufficient that you send the notification of exercising the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us ), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund 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 promptly and, in any event, no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To
Jannik Scholkmann
Giselastr. 21a
10317 Berlin
Germany
E-mail: info@artofnatureberlin.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:
……………………………………………………………………………………………………………
Ordered on:
……………………………………………………………………………………………………………
Received on:
……………………………………………………………………………………………………………
Name of the consumer(s):
……………………………………………………………………………………………………………
Address of the consumer(s):
……………………………………………………………………………………………………………
Signature of the consumer(s) (only if notification is made on paper):
……………………………………………………………………………………………………………
Date:
……………………………………………………………………………………………………………
(*) Delete as appropriate.
Data protection declaration
With this data protection declaration we would like to inform you about the type, scope and purpose of the processing of personal data in our Etsy shop.
Name and contact details of the person responsible for data processing
The person responsible for data processing is:
<First name, last name>
<Street>
<Zip code, city>
<Country>
Telephone:
E-mail:
Terms and definitions
The following terms are used in the data protection declaration:
Personal data
Affected person
Processing
Restriction of processing
Responsible person
Recipient
Third party
Consent
All of these terms are defined in Art. 4 of the General Data Protection Regulation (hereinafter: GDPR).
Scope of processing of personal data
When you registered on Etsy, you have already been informed about the scope and purpose of the collection and storage of your personal data by Etsy. Etsy has its own data protection declaration, which you can find at the following link: https://www.etsy.com/de/legal/privacy/ . As part of your registration with Etsy, you have consented to Etsy sending us your personal data for the purpose of contract processing. Specifically, this is the data that we need to fulfill the contract concluded between us. This includes in particular your name and address details as well as the services used. This data is stored by us. We do not collect or store any other personal data concerning you.
Purpose of data processing
The processing itself is carried out on the basis of your order and serves to be able to process your order and to fulfill the contract concluded between us. Specifically, we use the data transmitted to us by Etsy in particular to
Identify you as our customer,
Process, fulfill and process your order,
Contact us,
Invoice you,
Handle any liability claims,
Assert contractual claims against you.
Transfer of data to third parties
We will only pass on your personal data to third parties if:
you have expressly consented to this in accordance with Art. 6 Para. 1 Clause 1 Letter a of GDPR,
the transfer is necessary in accordance with Art. 6 Para. 1 Clause 1 Letter f of GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
there is a legal obligation to do so in accordance with Art. 6 Para. 1 Clause 1 Letter c of GDPR,
this is necessary in accordance with Art. 6 Para. 1 Clause 1 Letter b of GDPR for the processing of the contract concluded with you (eg passing on the data to the logistics company commissioned with the delivery or for the purpose of payment processing).
In addition, your personal data will not be passed on to third parties without your express consent. If we pass on your personal data to third parties, we limit the scope of the data transmitted to the minimum required.
Legal basis
The legal basis for the processing of your data, with regard to the processing of your order, is Art. 6 (1) (b) GDPR. This also applies to the processing operations necessary to carry out pre-contractual measures. Insofar as processing is necessary to fulfil a legal obligation to which we are subject, Art. 6 (1) (c) GDPR serves as the legal basis. If the processing is necessary to protect one of our legitimate interests or that of a third party and your interests, fundamental rights and freedoms do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
Storage period and data deletion
Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of 10 years. However, after the statutory warranty rights (2 years) have expired, we restrict processing so that your data is only used to comply with legal obligations.
Rights of those affected
According to the GDPR, you are entitled to the rights listed below, which you can assert at any time with the person responsible named in section 1 of this data protection declaration:
Right to information: According to Art. 15 GDPR, you can request confirmation as to whether and which personal data we process about you. In addition, you can request information from us free of charge about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint and the origin of your data if it was not collected by us. You also have the right to information about whether your personal data has been transferred to a third country or to an international organization. If this is the case, you have the right to receive information about the appropriate guarantees in connection with the transfer.
Right to rectification: According to Art. 16 GDPR, you can request the rectification of incorrect or the completion of incomplete personal data concerning you that we have stored.
Right to erasure: According to Art. 17 GDPR, you have the right to request the erasure of your personal data stored by us, provided that we do not need to process it
to fulfil a legal obligation,
to assert, exercise or defend legal claims,
to exercise the right to freedom of expression and information or
for reasons of public interest specified in Art. 17 Para. 3 lit. c and d GDPR.
Right to restriction: According to Art. 18 GDPR, you have the right to request that the processing of your personal data be restricted if
you contest the accuracy of the data for a period that enables us to verify the accuracy of the personal data,
the processing of your data is unlawful but you refuse to delete it and instead request that the use of the data be restricted,
we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims
you have objected to the processing of your data in accordance with Art. 21 GDPR, but it has not yet been determined whether the legitimate reasons that entitled us to continue processing despite your objection outweigh your rights. Right to information: If you have asserted your right to rectification, erasure or restriction of processing against us, we are obliged to inform all recipients to whom the personal data concerning you was disclosed of the rectification or erasure of the data or the restriction of processing requested by you, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed by us of these recipients.
Right to data portability: According to Art. 20 GDPR, you can request that we receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format or request that it be transmitted to another responsible party.
Right to complain: According to Art. 77 GDPR, you have the right to complain to a supervisory authority. To do so, you can contact the supervisory authority of your usual place of residence, your place of work or our company headquarters.
Right of withdrawal: According to Art. 7 Para. 3 GDPR, you have the right to withdraw your consent to the processing of your data at any time. Your withdrawal does not change the legality of the processing of your personal data carried out up to the time of withdrawal.
Right of objection
You have the right to object at any time to the processing of personal data concerning you based on a balance of interests (Art. 6 Para. 1 lit. f GDPR) for reasons arising from your particular situation. This is particularly the case if the data processing is not necessary to fulfill a contract. If you exercise your right of objection, we will ask you to explain the reasons. We will then no longer process your personal data unless we can prove to you that compelling legitimate reasons for the data processing outweigh your interests and rights.
Regardless of the above, you have the right to object to the processing of your personal data for advertising and data analysis purposes at any time.
Security measures
For information on data security, please refer to the privacy policy provided by Etsy, which can be accessed via the link provided in section 4.
We also take state-of-the-art technical and organizational security measures in order to comply with data protection laws and to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties.
Currency and changes to this privacy statement
This privacy statement is currently valid and is dated July 2018.
Due to the further development of Etsy's Internet offering or due to changes in legal or official requirements, it may become necessary to adapt this privacy statement.
End of revocation