General Terms and Conditions & Information on data privacy
Table of Contents
A. General Terms and Conditions
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and delivery conditions
6. Liability for defects
7. Applicable Law
8. Alternative dispute resolution
B. Information on data privacy
1. Collection, processing and transfer of personal data
2. Social Plugins
3. Your rights and contacts
A. General Terms and Conditions
1) Scope of Application
1.1 These Terms and Conditions of the company Michaela Vogel (hereinafter referred to as "Seller”) shall apply to all contracts a consumer or a trader (hereinafter referred to as "Client") concludes with the Seller related to the seller's goods and/or services presented by the Seller on the electronic platform Etsy (hereinafter referred to as "Etsy”). The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding contracts for the delivery of vouchers, these general Terms and Conditions apply accordingly, unless explicitly regulated otherwise.se.
1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) Conclusion of the Contract
2.1 When placing an item on the electronic platform Etsy , the Seller shall make a binding offer to the interested party for the sale of this item.
2.2 The Client can accept the Seller’s offer via the Etsy online order form. In doing so, the Client has to place the selected item in the virtual Etsy shopping basket and subsequently he has to go through the ordering steps specified by Etsy. By clicking on the button finalizing the order process, the Client declares the acceptance of the offer, whereby a contract comes into effect regarding the item previously selected by the Client.
2.3 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information in text form (for example via e-mail, fax or letter) after conclusion of the contract. In addition, the contract's content will be stored by Etsy and can be called free of charge by the Client via his Etsy password-protected customer account.
2.4 The Client can correct all the data entered via the technical means provided by Etsy prior to submitting his order. Corrections can be made directly in the respective input fields of the online shop via the usual keyboard and mouse function.
2.5 The German and the English language are exclusively available for the conclusion of the contract.
3) Right to Cancel
Consumers are entitled to the right to cancel. Further information on the right to cancel can be found in the Seller’s instructions regarding the right to cancel
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product description, prices indicated are total prices. Sales tax is not listed, since the Seller is a small trader within the meaning of Article 19, Para 1 German Turnover Tax Act.
4.2 For deliveries outside of the European Union additional costs may arise for which the Seller cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
4.3 Various modes of payment are available for the
Client which are indicated in the Etsy Seller's online shop.
4.4 If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal conditions of use which can be viewed at www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4.6 For payments via "Etsy vouchers" the Etsy conditions regulating vouchers apply which can be viewed at www.etsy.com/de/help/article/3292.
5) Shipment and delivery conditions
5.1 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.2 Should the Client collect the goods himself, the Seller informs the Client via e-mail, that the goods are ready for collection. After receipt of the e-mail the Client may collect the goods at the Seller’s place of business after consultation with the Seller. In this case no shipping costs will be charged.
6) Liability for defects
Should the object of purchase be deficient, the statutory provisions shall apply.
7) Applicable Law
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
7.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client's professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
8) Alternative dispute resolution
8.1 The EU Commission provides on its website the following link to the ODR platform: ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
B. Information on data privacy
1) Collection, processing and transfer of personal data
1.1 Personal data will only be collected by us, if you submit them of your own accord for the purpose of processing of a contract. The personal data submitted by you, on this occasion, will only be used for processing the contract and your enquiries.
1.2 Order processing is executed by the service provider "Billbee"(Billbee is an offer made by Billbee GmbH, Paulinenstrasse 54, 32756 Detmold). We pass on your data to Billbee exclusively for the purpose of processing your online order. Details regarding protection of privacy by Billbee and its data privacy statement can be viewed at the website of Billbee under "billbee.de”.
1.3 When processing the contract, we only pass on your data to the shipping company entrusted with the delivery, to the extent necessary for the delivery of the goods.
1.4 If paying by credit card via PayPal or by debit via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg for the processing of payments
1.5 After complete contract arrangement, you data will be blocked according to tax and commercial law retention periods and will be deleted upon expiry of these periods, unless you have expressly consented to the further use of your data.
2) Social Plugins
2.1 On our website so called social plug-ins ("plugins” of the social network Facebook are applied, which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plug-ins are indicated by the Facebook logo or by the additional text "Facebook social plug-in”. A list of Facebook plug-ins and their look can be found under: developers.facebook.com/docs/plugins
If you request a page of our website, which contains such a plug-in, your browser will build up a direct connection to the servers of Facebook. The content of the plug-in will be directly transmitted from Facebook to your browser, which will integrate it into the website. By integrating the plug-in, Facebook obtains the information that your browser has accessed on the corresponding page of our website, even if you do not have a Facebook account or if you are not logged into Facebook currently. This information (including your IP address) is transferred to and stored on a server operated by Facebook in the USA.
If you are logged in with Facebook, it will be able to assign your visit of our website to your Facebook account. If you interact with the plug-ins, such as pressing the "Like” button, the corresponding information is sent directly to Facebook and will be stored there. The information is also posted on Facebook and can be seen by your Facebook friends.
For information on the purpose and extent of data capture and the further processing and use of data by Facebook, as well as your rights in this regard and turn-off options for the protection of your personal privacy, please refer to the Facebook data protection information: www.facebook.com/policy.php.
If you do not want Facebook to collect data about you via our internet website and to link this with your data stored on Facebook, you need to log off from Facebook before going to our website. You can completely prevent the loading of Facebook plug-ins on your browser by add-ons such as the Facebook Blocker (webgraph.com/resources/facebookblocker/).
2.2 On our website so called social plug-ins ("plugins” of the social network Pinterest are applied, which are operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA ("Pinterest" The plug-ins can be recognized by the button "Pin-it” on our website.
If you request a page of our website, which contains such a plug-in, your browser will build up a direct connection to the servers of Google. The content of the plug-in will be directly transmitted from Pinterest to your browser, which will integrate it into the website. By integrating the plug-in, Pinterest obtains the information that your browser has accessed on the corresponding page of our website, even if you do not have a Pinterest account or if you are not logged into Pinterest currently. This information (including your IP address) is transferred to and stored on a server operated by Pinterest in the USA.
If you are logged in with Pinterest, it will be able to assign your visit of our website to your Pinterest account. If you interact with the plug-ins, such as pressing the "Pin-it” button, the corresponding information is sent directly to Pinterest and will be stored there. The information is also posted on Pinterest and can be seen by your contacts.
For information on the purpose and extent of data capture and the further processing and use of data by Pinterest, as well as your rights in this regard and turn-off options for the protection of your personal privacy, please refer to the Google data protection information: about.pinterest.com/de/privacy-policy
If you do not want Pinterest to collect data about you via our internet website and to link this with your data stored on Pinterest, you need to log off from Pinterest before going to our website.
3) Your rights and contacts
You are entitled, free of charge, to information about your stored data. You are entitled as well to correction, refusal of access or deletion of your data. For questions about the collection, processing and use of your personal data please contact the Seller free of charge.
Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Michaela Vogel, Lunaciel, Hauptstr. 43, 54655 Malbergweich, Deutschland, Tel.: +49 (0) 6563 / 96 22 61, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost 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
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
VAT identification number according to § 27a of Value Added Tax Act: DE311208828
Platform of the EU Commission regarding online dispute resolution: ec.europa.eu/consumers/odr
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"):