ADDITIONAL POLICES
Part I: General Terms and Conditions
Part II: Privacy Policy
Part I - General Terms and Conditions of the Etsy shop “MidCenturyGlow”
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the Etsy shop “MidCenturyGlow“ is Gabriela Rusch, Pfeilstrasse 31, 50672 Köln, email: gabriela_rusch@yahoo.de, fon: 0049 221 240 8878 (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 –
Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the Etsy shop „MidCenturyGlow“ for sale to other Etsy users. The articles on offer are used (second hand, vintage). The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall take place, to the selection of the customer, in German or English.
(3) The Vendor shall deliver the merchandise to destinations in Germany and in the United States of America (USA), to Canada, Brazil, Japan, Australia and New Zealand.
(4) Customers shall select the merchandise desired by placing it in their “Cart” („Warenkorb“) by clicking on the button “Add to Cart“ („In den Warenkorb“). The order will be conclusively placed with the Vendor by clicking on the button “Submit Order” („Kaufen“) within the step of order “Review & Complete”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the merchandise presented in its shop. By transmitting the order using the button “Submit Order” („Kaufen“) within the step of order “Review & Complete”, the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored in the customer’s Etsy user account and may be viewed by the customer at any time in the Etsy portal by clicking on the item „Purchases“ („Einkäufe“) in the “Your Account” („Dein Konto“) menu.
(7) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs.
The prices are net cots.
MidCenturyGlow is subject to "Kleinunternehmerregelung".
Corresponding to the “Kleinunternehmerreglung” § 19 UStG (Germany)
(2) The shipping costs are listed in the respective product description in section „Deliver/Ship to... / Cost“ („Versand nach... / Versandkosten“).
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by redeeming an Etsy-voucher, against pre-payment by credit card, pre-payment by bank transfer via Sofortüberweisung and normal bank transfer, against pre-payment using PayPal or against cash payment at pick-up. Any payment shall be made in Euro and free of carge for the Vendor.
(5) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 –
Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within the time given in the item`s description after the payment is made.
(2) For deliveries to destinations outside Germany, a period of 2-9 business days, depending on the destination, has to be added to the respective domestic delivery time.
(3) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(4) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 –
Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
(2) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period; in derogation herefrom, the withdrawal period for consumers who have their permanent residence in Slovenia is 15 calendar days.
(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(4) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of withdrawal.
Section 6 – Warranty
All warranty claims of the customer shall be governed by the statutory regulations.
Section 7 – Data Protection Policy
(1) After the conclusion of the contract Etsy transfers to the vendor the customer’s Etsy user name and their full name and billing address as they are stored in the customer’s user account. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) To the extent a customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customer in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
IMPRINT:
Gabriela Rusch
Pfeilstrasse 31
50672 Köln
Germany
Fon 0049 221 240 8878
Email: gabriela_rusch@yahoo.de
For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"): http://ec.europa.eu/odr
Part II - Privacy Policy
(1) After conclusion of a purchase contract Etsy transfers to the vendor the customer’s Etsy user name and his full name and billing address as they are stored in the customer’s user account. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transferred to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s name and address to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time, free of charge, request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) Regarding data processed by the vendor according to the paragraphs above, controller of data protection is the vendor ("MidCenturyGlow“, Gabriela Rusch, Pfeilstrasse 31, 50672 Köln, email: gabriela_rusch@yahoo.de, fon: 0049 221 240 8878). Beyond that, Etsy’s Privacy Policy applies – https://www.etsy.com/de/legal/privacy/.
(6) If the customer uses the services of PayPal for payment, the data protection provisions established by PayPal shall apply to the payment process additionally. In this context, PayPal shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
(7) You may find Social Media Buttons beneath the shop description or within the product descriptions; they can be recognized by the logos of the social media platforms (hereinafter "platforms") (Facebook: blue "f", Google Plus: red "g+", Pinterest: red "p", Twitter: blue bird silhouette). These are social media plug-ins of the respective platforms based in the USA.
a) If a user enters the Etsy shop or the respective product page of the vendor, the user's browser establishes a direct connection with the Facebook servers (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). The vendor has no influence on the extent of the data collected by Facebook with the help of this plug-in and informs users according to his level of knowledge: Via the plug-in integrated in the Etsy-Shop, Facebook receives the information that the user has entered the corresponding shop or product page. If the user is logged into his Facebook account, Facebook can assign the visit of each page to his Facebook account. If the user interacts with the plugins, for example if he „shares“ the respective page this is transmitted from the user's browser directly to Facebook and stored there. If a user does not have an account on Facebook, Facebook may gain knowledge of and save the user's IP-address. According to Facebook, only an anonymous IP-address is stored in Germany. The purpose and scope of the collection of the data and their further processing and use by Facebook, as well as the related rights and settings options for protecting the privacy of the user, can be found in the Facebook Privacy Policy (http://www.facebook.com/policy.php). If a user wants to prevent Facebook from associating collected data with the user's Facebook profile when entering the vendor`s Etsy shop, he must log out of Facebook before visiting it.
b) When a user enters the vendor`s Etsy shop or product page, the user's browser establishes a direct connection to the servers of Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA). The vendor has no influence on the extent of the data that Pinterest collects with the help of this plug-in and therefore informs users according to his level of knowledge: Via the plug-in integrated in the Etsy-Shop, Pinterest receives the information that the user has entered the corresponding shop or product page. If the user is logged into Pinterest, Pinterest can assign the visit to user`s Pinterest account. If the user interacts with the plugins, for example if he „saves“ the respective page, this is transmitted from the user's browser directly to Pinterst and stored there. If a user does not have an account with Pinterest, Pinterst can gain knowledge of the user's IP-address and save it. According to Pinterest, only an anonymous IP address is stored in Germany. The purpose and scope of the collection, processing and use by Pinterest of the data and its rights to privacy and removal may be set forth in the privacy policy of Pinterest (https://policy.pinterest.com/en/privacy-policy). If a user wants to prevent Pinterest from assigning collected data to the user's Pinterest profile when entering the vendor`s Etsy shop, he must log out of Pinterest before visiting the provider.
c) If a user enters the Etsy shop or the respective product page of the vendor, the user's browser establishes a direct connection with the servers of Twitter (Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA ) on. The vendor has no influence on the amount of data that Twitter collects with the help of this plug-in and therefore informs users according to his level of knowledge: Via the plug-in integrated in the Etsy-Shop, Twitter receives the information that the user has entered the corresponding shop or product page. If the user is logged in to Twitter, Twitter can assign the visit to his Twitter account. If the user interacts with the plugins, for example tweeted the respective page, this is transmitted from the user's browser directly to Twitter and stored there. If a user does not have an account on Twitter, Twitter may gain knowledge of the user's IP address and store it. According to Twitter, only an anonymous IP address is stored in Germany. The purpose and scope of the collection of the data as well as their further processing and use by Twitter as well as the related rights and options to protect the privacy of the user, can be found in the privacy statement of Twitter (https://twitter.com/privacy). If a user wants to prevent Twitter from assigning data collected to the Twitter profile of the user when entering the vendor`s Etsy shop, he must log out of Twitter prior to his visit.
d) The user can completely prevent the data processing in the context of the social media plug-ins with additional programs for the own browser (for example with the Adblock Plus: https://adblockplus.org/).
