Terms & Conditions, Withdrawal Policy and Withdrawal Form
TABLE OF CONTENTS
A. Terms and Conditions
1. Scope
2. Range of goods and conclusion of contract
3. Prices, payment and delivery
4. Right of withdrawal
5. Warranty (liability for defects)
6. Out-of-court dispute resolution
7. Final provisions
B. Withdrawal Policy (Information on consumer right of cancellation)
1. Right of withdrawal
2. Consequences of the withdrawal
C. Withdrawal Form
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§ 1 - Scope
(1) The seller and contractual partner for the goods shown in the Etsy shop "constanzemon" is Constanze Moll, Sigweinweg 6/9, 6060 Hall in Tirol, Austria, e-mail: hello (-at-) constanzemoll.com (hereinafter referred to as "seller").
(2) These general terms and conditions are part of any contractual agreement between the seller and the respective customer. Conflicting terms and conditions on the part of the customer are hereby rejected.
§ 2 - Range of goods and conclusion of contract
(1) The seller offers the articles shown in the Etsy shop "constanzemon" for sale. The color representation of the articles on the website may vary slightly depending on the Internet browser and monitor settings used by the customer; small deviations are technically never entirely avoidable.
(2) The choice of goods, the conclusion of the contract and the execution of the contract take place in German or English, as chosen by the customer.
(3) The customer selects their desired goods by adding them to the "shopping basket". Once all desired items are listed there, the customer confirms this with the "Proceed to checkout" button. The following page with the heading "Please confirm your order" shows the customer a summary of all their chosen items. The order request can be sent to the seller on this page using the "Pay now" button; If the customer uses the Klarna service ("Sofort.") for payment, the order request is transmitted to the seller when the customer clicks the "Next" button on the "Confirm transaction" page. Until this order is sent, the customer has the option of correcting their chosen items at any time by going back one or more order steps in the browser or canceling the order entirely.
(4) The seller issues a binding purchase offer for the items shown in their shop. By sending the order request via the "Pay now" button, the customer accepts the purchase offer. The seller confirms the conclusion of the contract by email (contract confirmation).
(5) The content of a concluded contract (contract text) is automatically saved by Etsy in the Etsy user accounts of both the seller and the purchaser and can be viewed by the purchaser in their user account under "Purchases and Reviews" in the "You" menu. After the conclusion of the contract, the customer will also receive an email from Etsy with the text of the contract. The seller does not save the text of the contract and does not make it accessible outside of the Etsy portal.
(6) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the seller will inform the customer by email.
§ 3 - Prices, Payment and Delivery
(1) All product prices are total prices plus shipping costs. In accordance with § 6 Abs. 1 Z 27 UStG. (Small Business Regulation), sales tax is not billed.
(2) The shipping costs and delivery times are listed in the respective product description of each item in the "Shipping & Returns" section.
(3) The customer can pay by credit card (VISA, MasterCard, American Express). Other payment methods may also be available in the shopping basket, e.g. PayPal or Klarna ("Sofort.").
(4) Payments by the purchaser can be received on behalf of the seller by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland, or, if paid in US dollars or Canadian dollars, by Etsy Inc., 117 Adams Street, Brooklyn, NY, USA, (hereinafter referred to as "Etsy"). In this case, Etsy forwards the amount paid to the seller.
(5) The seller retains ownership of the delivered goods until the customer has paid their purchase price in full.
(6) In the case of deliveries to countries outside the European Union, customs duties and import sales tax may be incurred, which must be paid by the purchaser to the customs authorities upon receipt of the consignment. These taxes are in addition to the purchase price and shipping costs and cannot be influenced by the seller.
(7) The delivery takes place exclusively by mail. The goods will be delivered to the delivery address entered by the purchaser on Etsy, unless otherwise agreed.
§ 4 - Right of Withdrawal
(1) A purchaser who buys as a consumer has a right of withdrawal according to statutory provisions.
(2) A consumer is any natural person who conducts a legal transaction for purposes that can not predominantly be attributed to any commercial or independent professional activity.
§ 5 - Warranty (Liability for defects)
The purchaser has warranty claims (also called warranty rights) in accordance with statutory provisions.
§ 6 - Out-of-court dispute resolution
(1) For the out-of-court settlement of disputes arising from a distance contract with a consumer, the EU Commission provides an online platform at ec.europa.eu/consumers/odr (OS platform).
(2) The seller is neither obliged nor willing to participate in an out-of-court consumer dispute settlement procedure.
§ 7 - Final provisions
(1) Austrian law applies, and the application of UN sales law is excluded. However, Austrian law does not apply to consumers who are permanently abroad if the national law of the consumer contains provisions from which the contract cannot deviate to the detriment of the consumer.
(2) Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
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B. Withdrawal policy (Information on consumer right of cancellation)
1. 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 named by you who is not the carrier, has taken possession of the goods;
In order to exercise your right of withdrawal, you must inform me:
Constanze Moll
Sigweinweg 6/9
A-6060 Hall in Tirol
AUSTRIA
Email: hello (-at-) constanzemoll.com
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
2. Consequences of the withdrawal
If you withdraw from this contract, I will return to you all payments that I have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery I offer), immediately and at the latest within fourteen days from the day on which I received notification of your withdrawal from this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.
I can refuse the repayment until I have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to me immediately and in any case no later than twenty-one days from the date on which you informed me of the withdrawal from this contract. The deadline is met if you send the goods before the twenty-one day period has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to any handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
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C. Withdrawal Form
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To:
Constanze Moll
Sigweinweg 6/9
A-6060 Hall in Tirol
AUSTRIA
Email: hello (-at-) constanzemoll.com
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 this is communicated on paper)
-Date
(*) Delete if not applicable.