General terms and conditions in the context of sales contracts via the e-commerce platform "Etsy"
between
InstantBase
Robert Frost
Talstrasse14, 63589 Linsengericht
Germany
- hereinafter referred to as "Provider" -
and
the customers referred to in § 2 of the contract
- hereinafter referred to as "Customer" –
be closed.
§ 1 Scope, definitions
(1) The provider offers physical or digital goods via the e-commerce platform "Etsy", whereby the provider only provides the content of its subpage, the provider shop (hereinafter: "shop").
(2) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The presentation of the goods in the shop does not constitute a legally binding offer, but merely serves as an invitation to submit an offer.
(2) Customer within the meaning of the contract is anyone who submits an offer to purchase goods from the provider. The customer can select products from the assortment of the provider and collect them via the button "add to shopping cart" in a so-called shopping cart. Via the button "pay with PayPal/apple pay" or "order with obligation to pay" he makes a binding offer to purchase the goods in the shopping cart. By submitting the offer, the customer accepts these contractual provisions and thereby includes them in his offer declaration.
(3) "Etsy" takes over parts of the electronic communication with the customer independently and can, for example, send the customer an automatic confirmation of receipt of the application by e-mail, in which the customer's order is listed again. The automatic acknowledgement of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The acceptance of the contract takes place by separate declaration of acceptance by the provider, e.g., by the shipping notification of the provider, at the latest by receipt of the goods.
(4) The contract language is English.
§ 3 Delivery, availability of goods
(1) Whether the goods are kept in stock or produced to order can be found in the article descriptions. If the article description does not indicate this, a production to order is to be assumed.
(2) The production time is calculated from the time of our order confirmation, assuming prior payment of the purchase price. If no production duration is specified in our shop, the production time is six weeks.
(3) After expiry of the production period, the expiry of the delivery period begins. If no delivery time is specified in our workshop, the delivery time is usually five days.
(4) The following delivery restrictions apply: The supplier only delivers to customers whose billing address and delivery address is in one of the countries available in the shipping settings of the item.
(5) A procurement risk will not be assumed by us under any circumstances. Our obligation to deliver is limited to goods from our stock, including the stock of goods of our respective partner dealer.
Our obligation to deliver shall lapse if we ourselves are not supplied correctly and/or on time and are not responsible for the lack of availability, insofar as we have informed you immediately. Any prepayment will be refunded in case of unavailability.
The provider is not obliged to ensure permanent availability of the offer. This does not apply to orders that have already been placed.
(6) The supplier delivers to the address specified as the shipping address during the ordering process. If additional costs (e.g., customs, etc.) are incurred by the shipment more than the shipping costs, these shall be borne by the customer. The customer shall also bear the costs resulting from failed shipping attempts, insofar as he is responsible for them. The latter applies if the customer provides an incorrect delivery address.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) The provider expressly points out that the specified sales taxes are advertised by "Etsy". "Etsy" is solely responsible for compliance with VAT requirements, based on the information provided by the provider.
(2) The amount of the shipping costs depends on the item description of the goods. The specified shipping method may differ from the information in the item description, due to economic considerations of the provider.
(3) The shipping risk shall only be borne by the provider insofar as the customer is a consumer within the meaning of the national Civil Code.
(4) In the event of revocation, the customer shall bear the direct costs of returning the goods. This does not apply if the customer is exposed to disproportionate difficulties due to a return.
§ 6 Terms of payment
(1) The payment methods are provided by "Etsy", which is why the provider is not responsible for any transaction risk.
(2) Payment of the purchase price is due upon submission of the purchase application.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty Rights & Warranties
(1) Unless expressly agreed otherwise below, the statutory warranty law shall apply.
(2) When concluding a contract with entrepreneurs, the following applies: Claims due to material defects shall become statute-barred within one year from handover or delivery of the goods.
(3) In the case of the sale of used goods to consumers, the following applies: If the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
(4) The following applies to the sale of used goods to entrepreneurs: Any liability for material defects is excluded.
(5) The above restrictions and shortening of deadlines vis-à-vis entrepreneurs and consumers do not apply to claims based on damages caused by the provider, his legal representatives, or vicarious agents.
- in the event of injury to life, limb, or health,
- in the event of intentional or grossly negligent breach of duty and fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, insofar as agreed with the provider himself or
- insofar as the scope of application of the Product Liability Act is opened.
(6) The provider himself does not give any guarantees beyond the statutory warranty. If the manufacturer of the goods gives a so-called manufacturer's warranty on the goods, you will find their exact conditions on the respective product page or in the respective product information in the shop. The provider is not liable for the correctness of the information provided by the manufacturer for the guarantee. The defendant for claims arising from a possible manufacturer's warranty is solely the manufacturer.
(7) A product marked "recycled" is generally not considered used goods unless the item description indicates otherwise.
§ 8 Liability
(1) For claims due to damages caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation.
- in the event of injury to life, limb, or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, insofar as the provider himself agrees, or
- insofar as the scope of application of the Product Liability Act is opened.
(2) In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
§ 9 Final provisions
(1) The law of the country in which the shop operator has its registered office applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board to settle disputes with consumers. The competent consumer arbitration board is: Universal arbitration board of the Federal Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, https://www.verbraucher-schlichter.de/english/english-version. To settle the disputes, we will participate in a dispute resolution procedure before this body.
(4) The remaining parts of the contract shall remain binding even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid.
Withdrawal Policy
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs according to the statutory model below. Exceptions to the right of withdrawal are regulated in paragraphs (2), (4), (5), and (6). A model withdrawal form can be found in paragraph (3).
a. Withdrawal Policy - Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, take(s) possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, WhatsApp message, or email). You may use the attached model withdrawal form, but it is not mandatory. 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.
b. Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen 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 fourteen 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 fourteen days has expired. You will bear the direct cost of returning the goods. This does not apply if the goods cannot be returned by post and were delivered to your place of residence by us. 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.
(2) The right of withdrawal does not apply if the customer has the item personalized. Items are personalized if the goods are not prefabricated and the consumer's individual choice or determination is essential for their production or if they are clearly tailored to the personal needs of the consumer. This particularly applies to items for which, when ordering or beyond, a declaration has been made to the provider to make certain personalization requests to the item (e.g., inscriptions, engravings, etc.) and these personalization requests significantly impair the chances of resale to other persons after production.
(3) The provider informs about the model withdrawal form according to the statutory regulation as follows:
Model Withdrawal Form
(If you want to withdraw from the contract, you can fill out this form and send it to us.)
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 if communicated on paper),
Date
(*) Delete as appropriate
(4) In the case of a contract for the provision of digital content not on a physical medium, the following applies: The withdrawal period begins upon conclusion of the contract. The digital product will only be transmitted to the customer after the withdrawal period has expired. If the customer wishes to receive the digital product before the expiry of the withdrawal period, he must expressly declare that he wants to receive the digital product before the expiry of the withdrawal period and that he waives his right of withdrawal and is aware that by making this statement his right of withdrawal will expire. In a contract that does not obligate the consumer to pay a price, the right of withdrawal expires when the entrepreneur has begun to fulfill the contract.
(5) In the case of goods being a digital product developed according to the customer's specifications, paragraph (4) of this withdrawal policy applies accordingly, with the proviso that the provider only begins the development of the product after the expiry of the withdrawal period. If the customer wants the development of the digital product to begin before the expiry of the withdrawal period, he must expressly declare that the development of the digital product should begin before the expiry of the withdrawal period, that he waives his right of withdrawal, and that he is aware that by making this statement his right of withdrawal will expire.
(6) Entrepreneurs are not entitled to a right of withdrawal.
