General Terms and Conditions for the Etsy Shop "Hogusch"

§ 1 – Provider, inclusion of the GTC
(1) Supplier and contractual partner for the goods presented in the Etsy shop "Hogusch" is Holger Gurski-Schramm, Bunsenstr. 26, 45470 Mülheim, Germany, phone 0049-(0)172-3889831, e-mail hogusch [!at] web.de (hereinafter referred to as "Provider").
(2) These General Terms and Conditions are an integral part of any contractual agreement between the Provider and the respective Customer. Conflicting terms and conditions of the customer are contradicted.

§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the articles presented in his Etsy shop "Hogusch" to other Etsy users for sale. The colour representation of the articles on the website may vary slightly depending on the Internet browser used and the monitor settings of the customer; these deviations are never technically completely avoidable.
(2) The selection of goods, conclusion of the contract and execution of the contract shall be carried out at the discretion of the customer in German or English.
(3) The provider delivers within Germany except to German islands and to all other countries of the European Union and Europe as well as to Canada, Australia, New Zealand, Taiwan, Switzerland, the USA and Japan.
(4) The customer selects the desired goods by either placing them in the "shopping cart" via the "Add to shopping cart" button and continuing the purchase or by completing the article selection with the "Buy" button. After entering his personal data and the desired method of payment, the customer can submit his order request to the provider in the order section "Check & Finish" via the button "Buy". The customer has the possibility at any time until the dispatch of his order request to view and change the data provided in the context of the order or to cancel the order completely.
(5) For the goods presented in the shop of the provider, the provider makes a binding purchase offer. By sending the order request via the button "Buy" as part of the order step "Check & Finish", the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(6) The content of concluded contracts is stored in the Etsy user account of the customer and can be viewed by the customer in the Etsy portal at any time via the menu "Your Account" under the item "Purchases".
(7) In the event of impediments to delivery or other circumstances that would preclude the fulfilment of the contract, the provider shall inform the customer by e-mail.

§ 3 – Prices and payment
(1) All product prices are final prices plus shipping costs. The fees include 19% VAT.
(2) The shipping costs are listed in the respective product description in the section "Shipping to... / Shipping costs" ("Deliver/Ship to... / Cost").
(3) For deliveries outside the European Union, customs duties and import sales tax may be incurred, which are to be paid by the customer to the customs authority upon receipt of the shipment. These charges are in addition to the purchase price and the shipping costs and are not to be influenced by the provider.
(4) The provider delivers at the choice of the customer against advance payment by redeeming an Etsy voucher, against advance payment by bank transfer, against advance payment by PayPal and credit card payment or against cash payment on collection. Payments must be made in euros. The provider only accepts transfers from abroad as free payments in euros.
(5) For all orders, a payment period of one week from receipt of the contract confirmation applies. The provider shall return the desired goods for the duration of the payment period for the customer. It is the customer's responsibility to effect his payment in time for it to be received by the provider within the deadline. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the deadline. Any payment received by the customer after withdrawal will be refunded to the customer.

§ 4 – Shipping, delivery periods
(1) The provider delivers the goods within 6-9 working days after payment.
In the case of payment in advance, the period for delivery begins to run on the day after the payment order has been issued to the transferring bank or, in the case of other payment methods, on the day after conclusion of the contract and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day shall be replaced by the next working day.
(2) For shipments to destinations outside Germany, the delivery time increases by a further 2-9 working days, depending on the destination country.
(3) Several products ordered at the same time are delivered in a common shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a specific product with a shorter delivery time in advance, he must order this product separately.
(4) If the delivery to the customer fails because the customer has entered the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the costs for the new shipping. The renewed shipping costs correspond to the shipping costs agreed at the time of conclusion of the contract. The provider will inform the customer of the necessary costs of a new delivery by e-mail. A new shipment will only take place after receipt of payment of these costs.
(5) If the customer has chosen cash payment as the payment method, the goods will not be shipped. Instead, the customer can pick up the goods after two working days after the day of the order at the registered office of the provider.

§ 5 – Consumer right of withdrawal
(1) A customer who purchases as a consumer is entitled to a right of revocation in accordance with the statutory conditions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
(2) A consumer with permanent residence outside Germany shall be granted a 14-day withdrawal period by the provider even if the consumer's national law provides for a shorter period for this; for consumers with permanent residence in Slovenia, a withdrawal period of 15 calendar days applies.
(3) The provider grants a consumer with permanent residence outside Germany to transmit the declaration of revocation informally even if the national law of the consumer provides for a stricter form.
(4) For consumers with permanent residence in Switzerland, the conditions and legal consequences of the German consumer right of withdrawal shall also apply if a revocation is not provided for under Swiss law.

§ 6 – Warranty
(1) For the second-hand goods offered, the parties agree on a limitation period for warranty claims shortened to one year. However, the shortened limitation period does not apply to claims due to injury to life, limb or health and also not to claims for other damages based on a grossly negligent or intentional breach of duty by the provider, his legal representatives or his vicarious agents.
(2) In all other respects, the warranty rights of the customer shall be governed by the statutory provisions.

§ 7 – Privacy Policy

This Privacy Policy describes how and when we collect, use, and share information when you purchase an item from us, contact us, or otherwise use our services through Etsy.com or related websites and services.
This Privacy Policy does not apply to the practices of third parties that are not owned and controlled by us, including Etsy, or any third-party services you access through Etsy. To learn more about Etsy's privacy practices, please see Etsy's Privacy Policy.

1. What personal data we collect

In order for us to process your order, you must provide us with certain information (for which you have authorized Etsy to provide it to us). This includes your name, email address, mailing address, payment information and details of the product you are ordering. You also have the option of providing us with further personal information (for example, for a custom-made lamp) if you contact us directly.

2. What legal bases do we use to collect, use and share personal data

We refer to a number of legal bases to collect, use and share your information. Specifically:
• to the extent we need your information to provide our services, for example, to process your order, resolve conflicts or provide customer support;
• if you have given your express consent (which you can revoke at any time), for example by subscribing to our newsletter distribution list;
• if it is necessary to comply with a legal obligation or court order, or in connection with legal claims, such as the need to retain information about your purchases due to tax legislation; and
• to the extent necessary for the purposes of our legitimate interests – unless these legitimate interests are overridden by your rights or interests – such as 1. to provide and improve our services. We use your information to provide the services you have requested from us and in our legitimate interest to improve our services; and 2. to comply with Etsy's Seller Policy and Terms of Use. We use your information as necessary to fulfill our obligations under Etsy's Seller Policy and Terms of Use.

3. To which third parties do we pass on personal data

Customer data is important to our business. We only disclose your personal data for certain reasons and in very specific circumstances, as follows:
• Etsy: We share information with Etsy as needed to comply with our obligations under Etsy's Seller Policy and Terms of Use.
• Service Providers: We engage certain trusted third party service providers to perform tasks and provide services for our store, such as parcel services. We share your personal data with these third parties, but only to the extent necessary to perform these services.
• Business transfers: If we sell our business or merge with another, we may disclose your information as part of this transaction to the extent permitted by law.
• Compliance with laws: We may collect, use, retain and disclose your information if we believe in good faith that it is appropriate and necessary to: a) respond to a legal process or regulatory request; b) enforce our contracts, terms and policies; c) prevent, investigate and remedy fraud and other illegal activities, security or technical problems or d) protect the rights, property and safety of our customers or others.

4. How long do we store personal data

We will only retain your personal data for as long as is necessary to provide you with our services and as described in our Privacy Policy. However, we may need to retain this information to comply with legal obligations and regulations, resolve disputes, and enforce our agreements. In general, we keep your data for the following period: 10 years.

5. Transfer of personal data to countries outside the EU

We may store and process your information through third-party hosting services in the United States and other countries. Therefore, we may transfer your personal data to countries whose data protection and regulatory monitoring laws differ from the corresponding laws in your country. If we are deemed to be transferring information about you to countries outside the EU, we rely on the EU-U.S. Privacy Shield as the legal basis for the transfer, as Google Cloud is certified under the EU-U.S. Privacy Shield.

6. What rights do our buyers have with regard to our use of their personal data and our contact details

Your rights
If you reside in certain regions, including the EU, you have a number of rights in relation to your personal data. Some of these rights apply in general and others only in certain cases. These rights are described below:
• Access: You may have the right to access and obtain a copy of the personal data we hold about you by writing to us using the contact information below.
• Modification, restriction, deletion: You may also have the right to change your personal information, restrict our use of that information, or delete it. With the exception of exceptional circumstances (such as when we need to store data for legal reasons), we will generally delete your personal data upon request.
• Objection: You can object to 1. that we process some of your data in relation to our legitimate interests and 2. that you receive marketing messages from us after you have previously expressly consented to this. In such cases, we will delete your personal data unless we can demonstrate convincing legitimate grounds for its further use or it is necessary for legal reasons.
• Complaint: If you reside in the EU and wish to raise concerns about our use of your data – without prejudice to any other rights you may have – you have the right to address these concerns to your local data protection authority.

How to contact us
For the purposes of the EU General Data Protection Regulation, Holger Gurski-Schramm is the data controller of your personal data. If you have any questions or concerns, you can contact us at hogusch [!at] web.de. Alternatively, you can write to us at the following address:
Holger Gurski-Schramm, Bunsenstr. 26, 45470 Mülheim

§ 8 – Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, German law does not apply to consumers with permanent residence outside Germany insofar as the national law of the consumer contains provisions from which no deviation can be made by contract to the detriment of the consumer.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the parties agree on the registered office of the provider as the place of jurisdiction.
(3) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

This Privacy Policy describes how and when we collect, use, and share information when you purchase an item from us, contact us, or otherwise use our services through Etsy.com or related websites and services.
This Privacy Policy does not apply to the practices of third parties that are not owned and controlled by us, including Etsy, or any third-party services you access through Etsy. To learn more about Etsy's privacy practices, please see Etsy's Privacy Policy.

1. What personal data we collect

In order for us to process your order, you must provide us with certain information (for which you have authorized Etsy to provide it to us). This includes your name, email address, mailing address, payment information and details of the product you are ordering. You also have the option of providing us with further personal information (for example, for a custom-made lamp) if you contact us directly.

2. What legal bases do we use to collect, use and share personal data

We refer to a number of legal bases to collect, use and share your information. Specifically:
• to the extent we need your information to provide our services, for example, to process your order, resolve conflicts or provide customer support;
• if you have given your express consent (which you can revoke at any time), for example by subscribing to our newsletter distribution list;
• if it is necessary to comply with a legal obligation or court order, or in connection with legal claims, such as the need to retain information about your purchases due to tax legislation; and
• to the extent necessary for the purposes of our legitimate interests – unless these legitimate interests are overridden by your rights or interests – such as 1. to provide and improve our services. We use your information to provide the services you have requested from us and in our legitimate interest to improve our services; and 2. to comply with Etsy's Seller Policy and Terms of Use. We use your information as necessary to fulfill our obligations under Etsy's Seller Policy and Terms of Use.

3. To which third parties do we pass on personal data

Customer data is important to our business. We only disclose your personal data for certain reasons and in very specific circumstances, as follows:
• Etsy: We share information with Etsy as needed to comply with our obligations under Etsy's Seller Policy and Terms of Use.
• Service Providers: We engage certain trusted third party service providers to perform tasks and provide services for our store, such as parcel services. We share your personal data with these third parties, but only to the extent necessary to perform these services.
• Business transfers: If we sell our business or merge with another, we may disclose your information as part of this transaction to the extent permitted by law.
• Compliance with laws: We may collect, use, retain and disclose your information if we believe in good faith that it is appropriate and necessary to: a) respond to a legal process or regulatory request; b) enforce our contracts, terms and policies; c) prevent, investigate and remedy fraud and other illegal activities, security or technical problems or d) protect the rights, property and safety of our customers or others.

4. How long do we store personal data

We will only retain your personal data for as long as is necessary to provide you with our services and as described in our Privacy Policy. However, we may need to retain this information to comply with legal obligations and regulations, resolve disputes, and enforce our agreements. In general, we keep your data for the following period: 10 years.

5. Transfer of personal data to countries outside the EU

We may store and process your information through third-party hosting services in the United States and other countries. Therefore, we may transfer your personal data to countries whose data protection and regulatory monitoring laws differ from the corresponding laws in your country. If we are deemed to be transferring information about you to countries outside the EU, we rely on the EU-U.S. Privacy Shield as the legal basis for the transfer, as Google Cloud is certified under the EU-U.S. Privacy Shield.

6. What rights do our buyers have with regard to our use of their personal data and our contact details

Your rights
If you reside in certain regions, including the EU, you have a number of rights in relation to your personal data. Some of these rights apply in general and others only in certain cases. These rights are described below:
• Access: You may have the right to access and obtain a copy of the personal data we hold about you by writing to us using the contact information below.
• Modification, restriction, deletion: You may also have the right to change your personal information, restrict our use of that information, or delete it. With the exception of exceptional circumstances (such as when we need to store data for legal reasons), we will generally delete your personal data upon request.
• Objection: You can object to 1. that we process some of your data in relation to our legitimate interests and 2. that you receive marketing messages from us after you have previously expressly consented to this. In such cases, we will delete your personal data unless we can demonstrate convincing legitimate grounds for its further use or it is necessary for legal reasons.
• Complaint: If you reside in the EU and wish to raise concerns about our use of your data – without prejudice to any other rights you may have – you have the right to address these concerns to your local data protection authority.

How to contact us
For the purposes of the EU General Data Protection Regulation, Holger Gurski-Schramm is the data controller of your personal data. If you have any questions or concerns, you can contact us at hogusch [!at] web.de. Alternatively, you can write to us at the following address:
Holger Gurski-Schramm, Bunsenstr. 26, 45470 Mülheim