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Etsy shop legal disclosure, privacy statement, return policies

Original German text can be found here.

Imprint

Annemarie Strehl
TheWorldOnYourPlate
Fritz-Ritter-Str.10
07747 Jena
Germany

Telephone: +49 (0) 1607941061
E-Mail: marketing [@] travelonthebrain [.] net
VAT number.: DE 301 552 402

Note of EU Online Dispute Resolution
The European Commission provides a platform for Online Dispute Resolution (OS): http://ec.europa.eu/consumers/odr
Our email address you can find above.

Since 04.02.2017 we are member of the initiative “FairCommerce”.
More information can be found here: www.fair-commerce.de

Shop Policies/Customer Information / Privacy Policy

I. Shop Policies

§ 1 Basic clauses

(1)  The following  conditions are valid for all contracts that you make with the show owner (Annemarie Strehl) via the internet platform etsy. Unless otherwise stated, the inclusion of your own clauses if any will be thus objected to.

(2) Customer in the sense of the following regulation is every natural person that engages in a legal transaction for the purpose of an activity that is not essentially commercial in nature or part of an independent professional career. An entrepreneur is every natural or juristic person or a legally responsible joint ventureship (“Personengesellschaft”) that acts as part of its independent professional or commercial activity upon closing of the contract.

  • 2 Closing of the contract (1) Goal of the contract is the sale of goods.(2)  When we put up an article on etsy, the activation of the offer page with etsy equals the binding offer for a completion of a sales contract with regard to the conditions stated on the article page.(3) The contract is realised via the online shopping basket system as follows:

Die good(s) intended for sale are placed in the “shopping basket”. Through the respective interface of the navigation bar, you can access the “shopping basket” and make changes at any time. After selecting the payment type and clicking “make payment” or “buy via paypal”, you need to fill out your personal data as well as payment relevant data. Then, all your order information is listed in an overview.

In case you are using the instant purchase system (e.g. Paypal or instant transfer) as a payment type, you will be redirected to the page of the provider of the instant purchase system. Afterwards, you will be redirected back to etsy to the order confirmation page.

Before you place your order, you have the chance to double check and edit all your data (also possible via the “back” function of your browser) or cancel the transaction.

When completing the order via the respective interface, you declare a legally binding acceptance of the offer, which creates the purchase contract.

(4) The transaction of your order and transfer of all the information necessary for the contract takes place via email and is partly automated. Therefore, you have to take care that the email provided by you is correct, the receiving of the emails is technically possible and especially not prevented by SPAM filters.

  • 3 Custom made goods (1) You provide us all the necessary information for the custom made goods, texts or files via the online order system or – at the latest – immediately after completing the purchase agreement via mail. Our possible prerequisites for file formats need to be adhered to.

(2) You agree to not send files, whose content violates third party rights (especially copyright, name rights, brand rights) or violate existing laws. You exclusively release us from all claims made by third parties on this matter. This also affects costs incurred by legal representation in this matter.

(3) We do not inspect transferred data with regards to its correct content and are not liable for mistakes.

(4) If stated in the respective article description, you will receive a draft copy for corrections, which you have to send back to us immediately. If you agree with the draft, release the draft copy by signing in text form (e.g. email) to place to order. A realization of the creative work without your written consent will not take place otherwise.

You are responsible for checking the draft copy for correctness and completion and informing us of any mistakes. We are not liable for mistakes that have not been reported.

(5) In case of individual creation of text, image, graphics and designs for you, these are subject to copyright.

Without our expressive consent, the use, reproduction or editing of parts or whole contents is not allowed.

Unless otherwise agreed, we do not provide temporarily limited usage rights on the copyright protected works provided to you. You are expressly forbidden to distribute the protected works or parts of them in any way to third parties privately or commercially.

The transfer of usage is subject to the condition precedent of the complete payment of the agreed purchase price.

§ 4 Right of retention, title retention

(1) A right of retention can only be executed by you in case of demands from the same contract.

(2)  The goods remain our property until the time of complete payment of purchase price.

§ 5 Liability

(1) We are unrestrictedly liable for damages due to violation of life, body or health. Further, we are liable without restriction in all cases of intent and act of gross negligence, fraudulent concealment of a deficiency, by taking on the guarantee of the purchase property quality and in all other legally applicable cases.
(2) The liability for deficiencies within the legal warranty is subject to applicable regulation in our customer information (part II).
(3) Unless essential contract obligations are affected, our liability in case of slight negligence is limited to contract typical, forseeable damage. Essential contract obligations are essential obligatins that arise from the nature of the contract and which violation jeopardises the attainment of the contract purpose as well as obligations that the contract imposed on us in accordance with its content to reach the contract purpose, which fulfillment make the orderly implementation of the contract possible in the first place and of which the compliance you can regularly trust.
(4)  In case of violation of non-essential contract obligations, the liability for slightly negligent obligation violations is excluded.
(5)  The data communication via the internet cannot be provided without mistakes and/or at all times based on the current state of the art. We are thus not liable neither for the constant or interrupted availability of the website and the provided services on it.

§ 6 Choice of law and jurisdiction
(1)  Subject to German law. The customer is only subject to this choice of law and jurisdiction insofar that the protection given by the customer’s state of usual habitual abode is not revoked (principle of benefit).
(2)  The regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.

_______________________________________________________________________________________

II. Customer Information

1. Identity of seller

Annemarie Strehl
Fritz-Ritter-Str.10
07747 Jena
Germany
Telephone: 01607941061
E-Mail: travelonthebrain@gmx.net

Alternative Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (OS): http://ec.europa.eu/consumers/odr

2. Informationen to realisation of contract

Die technischen Schritte zum Vertragsschluss, der Vertragsschluss selbst und die Korrekturmöglichkeiten erfolgen nach Maßgabe des § 2 unserer Allgemeinen Geschäftsbedingungen (Teil I.).

3. Contract language, contract text storage

3.1. Contract is concluded in English or German.

3.2. The complete contract text is not saved by us. Prior to placing of order, you can print the contract details via the print function of your browser or save them electronically. After receipt of order, the purchase details, legally prescribed information for distance contracts and the terms and conditions will be mailed to you once more.

4. Main features of goods or services

The main features of goods and/or servicescan be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offer as well as their delivery costs make up the total price. They include all price components including arising taxes.

5.2. The accruing delivery costs are not part of the purchase price. They can be viewed via a respective button on our internet site or in the respective offer, will be listed separately during ht purchase process and are to be paid additionally unless a delivery cost free option was offered.

5.3. The payment methods available can be found in the accordingly labelled area on our web page or in the respective offer.

5.4. Unless stated otherwise in the payment methods, the payment claim from the successful contract is due immediately.

6. Delivery conditions
6.1. The delivery conditions, the delivery date and if appropriate, the delivery limitations can be found in the respective area on our web page or in the respective offer.Unless stated otherwise in the respective offer or on the web page, the delivery of the goods takes place 3-5 days after contract conclusion (in case of agreement on prepayment, this is after the date of your payment instruction).6.2. If you are the consumer, it is legally regulated that the danger of an accidental destruction or the accidental impairment of the purchased goods during the delivery passes over to you upon receipt of the goods, regardless of whether the delivery was insured or uninsured. This is not applicable if you independently hired a transport company not listed by the entrepreneur or named a person to enact the delivery.

7. Legal Warranty Rights Law

7.1. The legal warranty rights are applicable.

7.2. As the consumer, you are asked to check the goods upon receipt for completeness, obvious deficiencies and transport damage and inform us as well as the carrier of your complaints as soon as possible. Failure to do so does not affect your legal warranty claims.

These terms, conditions and customer information were created by Händlerbund lawyers specializing in IT law and are permanently checked for legal conformity. The Händlerbundes Management AG guarantees legal security of the texts and is liable in case of adhortatory letters. Manual translation performed by Annemarie Strehl. More information can be found here: http://www.haendlerbund.de/agb-service.

III: Privacy Policy

This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, or otherwise use my services through Etsy.com or its related sites and services.

This Privacy Policy does not apply to the practices of third parties that I do not own or control, including Etsy or any third party services you access through Etsy. You can find the Etsy Privacy Policy here: https://www.etsy.com/legal/privacy/

1. Personal information collected

Anonymous Data

You can visit our Etsy Page without providing any information regarding your person. We save no personal data when this happens.

Information I Collect

To fulfil your order, you must provide me with certain information (which you authorised Etsy to provide to me), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order of prints, for example), if you contact me directly.

2. The legal bases for collecting, using, and sharing personal information

Why I Need Your Information and How I Use It

I rely on a number of legal bases to collect, use, and share your information, including:

  • as needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
  • when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
  • if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
  • as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and 2) Compliance with the Etsy Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use.

3. The third parties with whom personal information is shared

Information Sharing and Disclosure

Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:

  • Etsy. I share information with Etsy as necessary to provide you my services and comply with my obligations under both the Etsy Seller Policy and Etsy Terms of Use.
  • Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
  • Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
  • Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.

Cookies
Cookies store data about your use, but they are helpful because they allow Etsy to function and customise your experience. You can configure your desktop or mobile browser’s settings to reflect your preference to accept or reject cookies, including how to handle third-party cookies (see Managing Your Cookie Technology Preferences below). See Etsy’s cookie policy here: https://www.etsy.com/legal/cookies.

Etsy uses Cookie Technologies to recognise your logged-in state on Etsy, to understand what purchases members and visitors are interested in, to make Etsy’s Sites function for you, and to help your browsing experience and use of the Site, Services, and Apps feel more customised.

Other Technologies
In addition to cookies, there are other similar technologies used by Etsy and elsewhere on the web or in mobile ecosystems.

  • Web beacons: These are tiny graphics (sometimes called “clear GIFs” or “web pixels”) with a unique identifier that are used to understand browsing activity. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are rendered invisibly on web pages when you open a page.
  • Social widgets: These are buttons or icons provided by third-party social media providers that allow you to interact with those social media services when you view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget, and are controlled by the third parties.
  • UTM codes: These are strings that can appear in a URL (the “Uniform Resource Locator”, which is typically the http or https address entered to go to a web page) when a user moves from one web page or website to another, where the string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.
  • Application SDKs: These are mobile application third-party software development kits that are embedded in the Apps (and are used in many mobile applications). These app SDKs permit the collection of information about the app itself, activity in the app, and the device the application is running on.
  • Local Storage Objects: These (sometimes called flash cookies) are sets of data that can be stored on your browser by a site or app. They can be used to maintain preferences, maintain a history of usage, or even maintain the state or settings of an app.

Usage of Facebook-Plugin
On our web pages functions of the service twitter are embedded, Facebook is a social media portal of the company Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook” ).

If you access our web pages through such a plugin, a connection to the Facebook servers is created and the plugin sends information to your browser displayed on the web page. Through this, the Facebook servers receive which of our web pages you have visited. If you are logged in as a Facebook member, Facebook will connect your information to a personal Facebook user account. When using the plugin function (e.g. clicking the “like” button, making a comment), these information will be connected to your Facebook account, which can be prevented by logging out.

If you do not wish that Facebook connects the collected information directly to your Facebook profile, you have to log out of Facebook prior to using our web pages or use the add on provided by Facebook for your browser: http://webgraph.com/resources/facebookblocker/. This way, the loading of the Facebook plugin is blocked.

More information with regards to the collection and use of your data through Facebook, your respective rights and options to protect your privacy can be found in the privacy statements of Facebook.

Usage of Twitter-Plugin
On our web pages functions of the service twitter are embedded, Twitter is a social media portal of the company Twitter Inc.,795 Folsom St., Suite 600, San Francisco, CA 94107, (USA).

We use Twitter plugins. If you click on a respective website that contains such a plugin, respective information about you will be collected and transferred to and stored by twitter. If you are a member of twitter and logged in while you are using the plugin, the collected information for your website visit will be connected to your twitter account and is announced to other users.

If you do not wish Twitter to connect and congregate information of your Twitter account, you have to log yourself out of Twitter.

Details about handling of your data by Twitter as well as your rights and setting options for protecting your personal information can be found in Twitter’s data privacy policy: http://twitter.com/privacy.

Usage of Pinterest-Plugin
On our web pages functions of the service Pinterest are embedded, Pinterest is a social media portal of the company Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA (“Pinterest”).

The different logos that the plugin contains (e.g. the “Pin-it-Button” or “P″-button) can be seen here: http://business.pinterest.com/pin-it-button/
If you use a respective website of our internet web pages that contain such a plugin, a connection between your computer and the servers of Pinterest is created and the plugin is shown on the web page via communication to your browser. Here, your IP address as well as the information of which of our web pages you have visited will be transferred to the Pinterest servers in the USA. This is true regardless of whether you are registered with Pinterest or logged in. Even with non registered or not logged in users a transfer takes place.

Moreover, if you are Pinterest registered and logged in during your use of the plugin, the collected information of your website visit will be connected to your Pinterest account and is available to other users. Also in the case of interactions that are possible with the different Pinterest plugins, respective information about you are collected and transferred to and stored by Pinterest.

If you do not wish Pinterest to connect and congregate information of your Twitter account, you have to log yourself out of Pinterest.

Details about collection and handling of your data by Pinterest can be found here: http://de.about.pinterest.com/privacy/

4. The length of time personal information is kept

Data Retention

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.

5. If transferring personal information outside of Europe, how the transfer will be handled

Transfers of Personal Information Outside the EU

I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

6. Buyers’ rights regarding use of their personal information and my contact details

Your Rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

  • Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
  • Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
  • Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
  • Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

How to Contact Me

For purposes of EU data protection law, I, Annemarie Strehl, am the data controller of your personal information. If you have any questions or concerns, you may contact me at travelonthebrain@gmx.net. Alternately, you may mail me at:
Annemarie Strehl
TheWorldOnYourPlate
Fritz-Ritter-Str.10
07747 Jena
Germany

Telephone: +49 (0) 1607941061
VAT number.: DE 301 552 402

Exclusion or termination reasons

The cancellation right does not exist with contracts that deal with

  • the delivery of goods that are not pre-made and for which production an individual selection or designation of the user is important or that are obviously tailored for personal preferences of the users;

Template for cancellation of contract

(If you want to revoke this contract, please fill in the form below and send it back.)

  • Recipient: Annemarie Strehl, Fritz-Ritter-Str.10, 07747 Jena, Germany, Email: travelonthebrain[@]gmx[.]net:
  • Hereby, I/we (*) revoke the contract closed by me/us (*) regarding the purchase of the following good/s (*) or service/s (*):
  • Date of order/receipt (*):
  • Name of the consumer/s (*):
  • Address of the consumer/s (*):
  • Signature of the consumer/s (*) (in case of writing on paper):
  • Date:

(*) please cross out if not applicable

Updated: 23 May 2018

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