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GENERAL TERMS AND CONDITIONS AND CLIENT INFORMATION
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Table of Contents
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A. GENERAL TERMS AND CONDITIONS AND CLIENT INFORMATION
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and Delivery Conditions
6. License for digital products (downloads)
7. Liability for Defects
8. Law and Jurisdiction
9. Alternative dispute resolution
B. Withdrawal instructions
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1. Right of withdrawal
2. Goods (physical products)
3. Digital products
C. Withdrawal form
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A. GENERAL TERMS AND CONDITIONS AND CLIENT INFORMATION
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1, Scope of Application
1.1 These Terms and Conditions of the company Kristin Marsula as "wellwellpatterns" (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client” and the Seller relating to all goods and/or services presented by the Seller on the electronic trading platform Etsy (hereinafter referred to as "Etsy”) . The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2. Conclusion of the Contract
2.1 The vendor is making a binding sales offer for the merchandise presented in his shop.
2.2 If he wants to accept this offer, the Client clicks on the Seller's Etsy product page, either on the button "add to cart" or on the button "buy it now”. Subsequently, he goes through the ordering steps predefined by Etsy. In the final step of the order procedure the Client clicks on the button "order with obligation to pay” which concludes the order procedure.
2.3 After conclusion of the contract, the Client will receive, by way of confirmation, a system e-mail from Etsy.
2.4 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter). In addition, the contract's content will be stored by Etsy and can be found by the Client by logging in his password-protected customer account established by Etsy, free of charge.
2.5 The Client can correct all data entered with the help of the technical means provided by Etsy, prior to placing his order. The data can be corrected via the usual keyboard and mouse functions directly on the product page in the respective input fields.
2.6 The German or English language is available for the conclusion of the contract.
3. Right to Cancel
3.1 Consumers are entitled to the right of cancellation.
3.2 Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
4. Price and Delivery Costs
4.1 Unless otherwise stated in the product description, prices indicated are total prices plus shipping costs. The Seller is a small trader within the meaning of Article 19, Para 1 German Turnover Tax Act, so VAT is not listed on the invoice, were applicable. The shipping costs are listed in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are, for example, money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes. Such costs may be incurred in connection with 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 Payment can be made via Etsy Payments using the methods mentioned in the Seller’s Etsy product page:
- Credit cards
- Debit/bank cards
- Etsy Gift Cards and Etsy Credits
- PayPal
- Klarna Pay Later (Germany)
- iDEAL (the Netherlands only)
- Sofort (Austria and Germany)
- Apple Pay
- Android Pay
Handling of the payment is carried out by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Irland or by Etsy Inc., 117 Adams Street, Brooklyn, NY 11201 , USA (if the buyer transacts in US Dollar or Canadian Dollars).
Etsy has engaged third-party service providers to perform many of the services related to payment processing.
Further informations and Etsy´s conditions of use are available here:
https://www.etsy.com/de/legal/etsy-payments.
The respectively available payment methods depend on listing and customer`s country and appear in the seller's product view.
5. Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his right of cancellation, or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 Digital products are delivered via download or via email.
6. Granting rights (License) of use for digital content
6.1 The right of use for the respective digital product is described in the product description of the digital product.
6.2 Passing on the contents to third parties or making copies for third parties is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
7. Liability for Defects
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
8. Law and Jurisdiction
If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
9. Alternative dispute resolution
9.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
9.2 The Seller is neither obliged nor willing to use ODR entities to resolve disputes with consumers.
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B. Withdrawal instructions
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1.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 (Kristin Marsula, Bändelwiesäcker 19, 88213 Ravensburg, phone +497517914033, e-mail wellwellpatterns@gmail.com) 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.
2. Goods (physical products)
2.1 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 14 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.
2.2 Exceptions from the right of withdrawal
The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.
3. Digital products
3.1 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 14 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.
3.2 Expiration of the right of withdrawal
Your right of withdrawal expires, if the performance of the contract has begun with the your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
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C. Withdrawal form
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Complete and return this form only if you wish to withdraw from the contract.
To
Kristin Marsula
Bändelwiesäcker 19
88213 Ravensburg
Germany
E-Mail: wellwellpatterns@gmail.com
I/We (﹡) hereby give notice that I/We (﹡) withdraw from my/our (﹡) contract of sale of the following goods (﹡) / for the provision of the following service (﹡)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s),
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Signature of consumer(s) (only if this form is notified on paper)
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Date
(﹡) Delete as appropriate
