Terms and Conditions with Customer Information & Privacy Policy
Table of Contents
A. General Terms and Conditions with Customer Information
scope
conclusion
Withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Applicable law
Alternative Dispute Resolution
Code of Conduct
B. Privacy information
Collection, processing, use and disclosure of personal data
Social plugins
Your rights and contact
A. General Terms and Conditions with Customer Information
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Grazyna Nowottka / The Odd Emporium (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") with the Seller in respect of the seller on the Internet Trading platform Etsy (hereinafter referred to as "Etsy"). Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The conclusion of the contract via the Etsy website is governed by Section IV of the General Terms of Use for the use of Etsy's Internet Platforms. There, the contract is regulated as follows:
"The products available on the marketplace are binding offers to conclude a contract on the part of the respective seller.The conclusion of the contract comes as soon as a buyer has completed the individual steps of the order process and this then closes by pressing the button:" Order Paid ". "
2.2 To accept the offer, the customer clicks on the product page of the seller at Etsy on the button "shopping cart" and then goes through the order steps specified by Etsy. In the last step of the ordering process, the customer clicks on the button "order to pay", whereby the order process is completed.
2.3 The contract is saved by the seller and sent to the customer after the conclusion of the contract together with the present GTC and customer information in text form (eg e-mail, fax or letter). An additional accessibility of the contract by the seller itself does not take place.
2.4 Prior to the binding submission of the order, the customer can recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his input before binding submission of the order within the electronic ordering process with the usual keyboard and mouse functions.
2.5 The respective language selected by the buyer is available for the conclusion of the contract.
2.6 Order processing and contact take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
4) Prices and terms of payment
4.1 The prices indicated by the seller are total prices and do not include the expulsion of the VAT. according to § 19 UStG. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer has various payment options available, which are specified in the offer of the seller at Etsy.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the terms and conditions of PayPal.
4.6 If the payment method "Credit Card (MasterCard / Visa)" and / or "Immediate Transfer" and / or "iDEAL" is selected, the payment is processed via the payment service provider ETSY PAYMENTS, on behalf of the seller. The terms of use of Etsy Payments apply.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Etsy shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him the performance had announced a reasonable time in advance.
5.3 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
B. Privacy information
1) Information about the collection of personal data and contact details of the person responsible
1.1 We are pleased that you visit our Etsy presence (hereinafter "Website") and thank you for your interest. Below we inform you about the handling of your personal data when using our website. Personal data is all data that allows you to be personally identified.
1.2 Responsible for data processing within the meaning of the General Data Protection Regulation (DSGVO) is Grazyna Nowottka, Quadtstr. 16, 47138 Duisburg, Germany, Tel .: 151 50534244, E-Mail: shopoddemporium (at) yahoo.com. The person responsible for the processing of personal data is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data.
2) contact
In the context of contacting us (for example by contact form or e-mail) personal data are collected, which are, you can see from the contact form. These data are stored and used solely for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 para. 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 in question is finally clarified and provided that no statutory storage requirements are in conflict.
3) Data processing for order processing
3.1 In order to process your order, we cooperate with the following service providers who assist us wholly or partially in the execution of concluded contracts. These personal data will be transmitted to these service providers in accordance with the following information.
3.2 The personal data collected by us will be passed on to the carrier in charge of the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods. We will pass on your payment details to the commissioned bank as part of the payment process, if this is necessary for the payment process. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of the data is Art. 6 para. 1 lit. b DSGVO.
3.3 If you pay by "credit card (MasterCard / Visa)" and / or "instant transfer" and / or "iDEAL", we will forward your payment information to ETSY PAYMENTS for the purpose of processing your payment. The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process. For more information about privacy, see the privacy policy of ETSY PAYMENTS at the following Internet address: https://www.etsy.com/en/legal/privacy/
https://www.etsy.com/de/legal/etsy-payments/
3.4 If you pay by credit card via PayPal or by direct debit via PayPal, we will transfer your payment data to Paypal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). The disclosure is made in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment process.
4) Rights of the person concerned
4.1 The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) with regard to the processing of your personal data, which we inform you about below:
- Right of access according to Art. 15 GDPR: In particular, you have a right to information about the personal data processed by us, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data has been disclosed or will be planned storage period or the criteria for determining the storage period, the right of rectification, deletion, limitation of processing, objection to the processing, complaint to a supervisory authority, the origin of your data, if they were not collected by us, the existence of automated decision-making including profiling and possibly meaningful information on the logic involved and the scope and effect of such processing, as well as your right to be informed, which guarantees under Art. 46 GDPR when forwarded Your data to third countries;
- Right to correction according to Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us;
- Right to cancellation pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, exercise or defense of rights;
- Right to restriction of the processing according to Art. 18 GDPR: You have the right to demand the restriction of the processing of your personal data, as long as the correctness of your data, which you contested, is checked, if you refuse a deletion of your data due to inadmissible data processing and instead require the restriction of the processing of your data, if you need your data for the assertion, exercise or defense of legal rights, after we no longer need this data after purpose or if you objected for reasons of your special situation, as yet as it is not certain, whether our legitimate reasons prevail;
- Right to information in accordance with Art. 19 GDPR: If you have the right to rectify, delete or limit the processing to the person responsible, he / she is obliged to rectify or delete the data to all recipients to whom the personal data relating to you have been disclosed or limitation of processing, unless proving to be impossible or disproportionate. You have the right to be informed about these recipients.
- Right to data portability according to Art. 20 GDPR: You have the right to receive your personal data provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible, as far as this is technically feasible ;
- Right of revocation of granted consent pursuant to Art. 7 para. 3 DSGVO: You have the right to revoke consent once given in the processing of data at any time with effect for the future. In the case of withdrawal, we will delete the data concerned immediately, as far as further processing can not be based on a legal basis for consentless processing. 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 appeal under Art. 77 GDPR: If you believe that the processing of personal data concerning you is contrary to the GDPR, you have the right to complain to a supervisory authority, in particular in any other administrative or judicial remedy the Member State of your whereabouts, your place of work or the place of the alleged infringement.
4.2 Right of objection
If we process your personal data as part of a balance of interests based on our legitimate interest, you have the right at any time for reasons that arise from your particular situation to file an objection against this processing with effect for the future.
If you make use of your right of objection, we will stop the processing of the data concerned. Further processing is reserved if we can demonstrate compelling legitimate grounds for processing that outweigh your interests, fundamental rights and fundamental freedoms, or if the processing serves the assertion, exercise or defense of legal claims.
If your personal data is processed by us in order to operate direct mail, you have the right at any time to object to the processing of personal data concerning you for the purpose of such advertising. You can exercise the objection as stated above.
If you exercise your right of objection, we will stop the processing of the data concerned for direct marketing purposes.
5) Duration of storage of personal data
The duration of storage of personal data is determined based on the respective legal storage period (e.g., commercial and tax retention periods). After the deadline, the corresponding data are routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract and / or on our part no legitimate interest in the re-storage persists.
6) Reference to the Etsy privacy policy
For all other data processing beyond the data processing described above, the Etsy platform is responsible. For more information on Etsy's privacy, please refer to the Etsy Privacy Policy: https://www.etsy.com/legal/privacy/
