Contents:
Part I: General Terms and Conditions
Part II: Privacy Policy
Part III: Right of withdrawal
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Part I - General Terms and Conditions
Section 1 - Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the Etsy Shop „AveevAShop“ is Eva-Maria Dulkies, Clemens-Schultz-Straße 92, 20359 Hamburg, phone 04087501289, e-mail post@ave-eva.de (referred to hereinbelow as the “vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the vendor and the respective customer. The vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 - Merchandise offered and conclusion of contract
(1) The vendor is offering the merchandise presented in the DaWanda Shop „AveevAShop“ for sale to other Etsy users. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by the customer; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The vendor shall deliver the merchandise to destinations in Germany as well as to all other countries of the European Union, Liechtenstein, Norway and Switzerland.
(4) The customer shall select the merchandise desired by placing it in his “shopping basket”. The “Check and Order” (“Überprüfen und bestellen”) section shall display a summary, so that the customer can check for any incorrect input. The order can be conclusively placed with the vendor by clicking on the button “Buy now” (“Zahlungspflichtig bestellen”). Until the order is transmitted to the vendor, the customer has the opportunity to go back one or multiple steps in the browser to modify the data input or to completely discontinue the order.
(5) The vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Buy now” (“Zahlungspflichtig bestellen”), the customer accepts the sales offer. The vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of a contract concluded is stored by Etsy in the vendor’s and the customer’s Etsy user accounts and may be viewed by the customer in his user account on the Etsy portal by clicking on the item “purchases and reviews” (“Einkäufe und Bewertungen”) in the “You” (“Du”) menu. After conclusion of a contract, Etsy shall also send an e-mail with the content of the contract to the customer. Beyond that, the vendor neither saves the content of the contract nor does he provide access to it outside the Etsy platform.
(7) The vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 - Prices and payment
(1) All product prices are total prices plus shipping costs. Prices include VAT.
(2) The shipping costs are listed in the respective product description under “Payment & Shipping” (Bezahlung & Versand)
(3) Where deliveries are made to Liechtenstein, Norway or Switzerland , customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the vendor has no means of influencing them.
(4) The vendor shall deliver the merchandise – at the selection of the customer – against pre-payment by redeeming an Etsy voucher, against pre-payment by using PayPal or against pre-payment by using credit card or Sofortüberweisung by Etsy Payments.
(6) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the vendor receives it within the payment period. The vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 - Shipment, delivery periods
(1) The vendor shall deliver the merchandise within the period of time stated in the item description after payment is made.
(2) For products labeled as “Customisable”, the delivery period shall be extended by one week in the case that the customer has requested the offered customisation.
(3) For deliveries to destinations outside Germany, a period of 2-9 business days has to be added to the respective domestic delivery time.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 - Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 6 - Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 - Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
Part II - Privacy Policy
(1) After conclusion of a purchase contract Etsy transfers to the vendor the customer’s Etsy user name and his full name and billing address as they are stored in the customer’s user account. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transferred to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time, free of charge, request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) Regarding data processed by the vendor according to the paragraphs above, controller of data protection is the vendor (Eva-Maria Dulkies, Clemens-Schultz-Straße 92, 20359 Hamburg, phone 04087501289, e-mail post@ave-eva.de). Beyond that, DaWanda GmbH’s Privacy Policy applies.
(6) If the customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process additionally. In this context, PayPal shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
(7) You may find Social Media Buttons beneath a product photo; they can be recognized by the logos of the social media platforms (hereinafter "platforms") (Facebook: blue "f", Google Plus: red "g+", Pinterest: red "p", Twitter: blue bird silhouette). These are links to the respective platforms based in the United States (USA). Clicking on such a link calls the respective Platform's website; at the same time, the IP address of your device and the address of the page where the link is placed ("Referrer") will be transmitted to the Platform in the USA. The vendor himself will neither collect, transmit nor otherwise process any data related to the use of the social media buttons.
Part III: Right of withdrawal
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal 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 of withdrawal, you must inform us (Eva-Maria Dulkies, Clemens-Schultz-Straße 92, 20359 Hamburg, phone 04087501289, e-mail post@ave-eva.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 16 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such 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 14 days from the day on which you communicate your withdrawal 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 have to 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.
Recipient (Seller's address)
Ave evA
Eva-Maria Dulkies
Clemens-Schultz-Straße 92
20359 Hamburg
Germany
Returns form
I/we hereby give notice that I am/we are cancelling the contract made for the purchase of the
following goods and/or the provision of the following services:
Product details
Product name Quantity
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Order details
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Order number
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Order date
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Product received on
Your personal details:
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First name/Last name
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Street and house number
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Postcode/ZIP
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City
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Date
