Terms of service
General terms and conditions
Index
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1. scope of application
2. conclusion of contract
3. revocation right
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. applicable law
9. alternative dispute resolution
1. scope of application
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1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Julia Ihle, trading under "Somekindart by Julia Ihle" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online store and Etsy Shop. Herewith the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.
1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.5 Digital content within the meaning of these GTC is all data not contained on a physical data carrier, which is produced in digital form and made available by the Seller by granting certain rights of use which are more precisely regulated in these GTC.
2. conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by 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"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer's offer at the moment the customer clicks on the button completing the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online store before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. revocation right
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller's refund policy.
4. prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are gross prices. Small business owner according to § 19 UStG no VAT is charged. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 The customer will be informed of the payment option/s in the Seller's online store.
4.3 If advance payment by bank transfer has been agreed upon, payment shall be due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.4 When using the payment method Etsy Payments, the payment will be processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter referred to as Etsy UC), unless the payment is made in US dollars or Canadian dollars. In this case, the payment is processed via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter referred to as Etsy Inc.). The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of payment. For further information on data protection, please refer to the Etsy privacy policy: https://www.etsy.com/de/legal/privacy/
5. terms of delivery and shipping
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller's order processing shall be decisive for the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction applies.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Digital content is provided to the Customer exclusively in electronic form as follows:
- by download
- by e-mail
6. reservation of title
If the seller makes advance payment, he reserves the right of 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 Deviating from this, the following shall apply to used goods Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory period of limitation. However, the reduction of the liability period to one year does not apply
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
8. applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9. alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.