General Terms and Conditions & Privacy Policy & Cancellation Policy & Cancellation Form
--------------------------------------------------------------------------------------------------------
Table of contents
------------------
A. General terms and conditions
----------------------------------
1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Special conditions for the processing of goods according to the customer's specifications
9. Applicable law
10. Alternative dispute resolution
B. Data protection information
B. Information on data protection
--------------------------------
1. information about the collection of personal data and contact details of the responsible person
2. contacting
3. data processing for order processing
4. rights of the person concerned
5. duration of the storage of personal data
6. reference to the Etsy data protection declaration
C. Cancellation policy
---------------------
1. introduction
2. right of withdrawal
3. consequences of revocation
D. Cancellation form
--------------------
----------------------------------
A. General terms and conditions
----------------------------------
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Eva Tam, trading as "Erftstadtmaedchen" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is Eva Tam, Erftstadtmaedchen, Finkenweg 1c, 50374 Erftstadt, Germany, Tel.: 02235-430344, e-mail: eva.tam@gmx.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Contacting us
In the context of contacting us (e.g. via contact form or e-mail), personal data are collected, which these are, you can see from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no legal storage obligations to the contrary.
3) Data processing for order processing
3.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b DSGVO.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally about upcoming updates within the legally stipulated period within the framework of our legal information obligations pursuant to Art. 6 (1) lit. c DSGVO by suitable means of communication (e.g. by post or e-mail). Your contact data will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 Order processing is carried out by the service provider "Billbee" (Billbee GmbH, Arolser Str. 10, 34477 Twistetal). Name, Address and, if applicable, other personal data will be passed on to Billbee in accordance with Art. 6 para. 1 lit. b DSGVO exclusively for the processing of the online order. Your data will only be passed on to the extent that this is actually necessary for the processing of the order. Details on data protection at Billbee and Billbee's privacy policy can be viewed on Billbee's website at "billbee.io".
3.3 When using the payment method Etsy Payments, payment processing is carried out via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in the currencies US dollars or Canadian dollars. In this case, payment processing is carried out via Etsy Inc, 117 Adams Street, Brooklyn, NY 11201 , United States of America (hereinafter: Etsy Inc). The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
For further information on data protection, please refer to the Etsy privacy policy: etsy.com/en/legal/privacy/.
3.4 When paying by credit card via PayPal or by direct debit via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right to information pursuant to Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 DSGVO when your data is transferred to third countries;
Right to rectification pursuant to Art. 16 DSGVO: You have a right to the immediate rectification of inaccurate data relating to you and/or completion of your incomplete data stored by us;
- Right to deletion pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
Right to restriction of processing pursuant to Art. 18 DSGVO: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified, if you refuse the deletion of your data due to unlawful data processing and instead request the restriction of the processing of your data, if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved, or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
- Right to information pursuant to Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller, insofar as this is technically feasible;
- Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of the storage of personal data.
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, the data concerned will be stored until you revoke your consent.
If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6 (1) f DSGVO, this data will be stored until you exercise your right to object pursuant to Art. 21 (1) DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Article 6 (1) (f) DSGVO, this data will be stored until you exercise your right to object pursuant to Article 21 (2) DSGVO.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to the Etsy privacy policy.
The Etsy platform is responsible for all further data processing beyond the data processing described above. For more information on Etsy's data protection, please see Etsy's privacy policy: etsy.com/en/legal/privacy/?ref=ftr
---------------------
C. Cancellation Policy
---------------------
Introduction
Consumers are entitled to a right of withdrawal according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is 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.
To exercise your right of withdrawal, you must inform us (Eva Tam, Erftstadtmaedchen, Finkenweg 1c, 50374 Erftstadt, Germany, Tel.: 02235-430344, e-mail: eva.tam@gmx.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
In the case of contracts for the supply of goods, 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 undue delay and in any case no later than within twenty-one days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of twenty-one days.
You shall bear the direct costs 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 that is not necessary for testing the condition, properties and functioning of the goods.
--------------------
D. Cancellation form
--------------------
If you want to revoke the contract, please fill out this form and send it back.
To
Eva Tam
Erftstadtmaedchen
Finkenweg 1c
50374 Erftstadt
Germany
E-Mail: eva.tam@gmx.de
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 the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only in case of paper communication)
_________________________
Date
(*) Delete where inapplicable
Copyright notice: These terms and conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).
