With this data protection declaration we would like to inform you about the type, scope and purpose of the processing of personal data in our Etsy shop.
Name and contact details of the person responsible for data processing
Responsible for data processing is:
<First name, last name>
terms and definitions
The following terms are used in the data protection declaration:
Restriction of processing
These terms are all defined in Art. 4 of the General Data Protection Regulation (hereinafter: GDPR).
Scope of processing personal data
As part of your registration on Etsy, you have already been informed about the scope and purpose of the collection and storage of your personal data by Etsy. Etsy maintains its own data protection declaration, which you can find under the following link: https://www.etsy.com/de/legal/privacy/. As part of your registration with Etsy, you consented to Etsy sending your personal data to us for the purpose of contract execution. Specifically, this is the data that we need to fulfill the contract concluded between us. This includes in particular your name and your address data as well as the services used. We store this data. In addition, we do not collect or save any personal data relating to you.
Purpose of data processing
The processing itself is based on your order and serves to process your order and to fulfill the contract between us. In particular, we use the data transmitted to us by Etsy in particular
To identify you as our customer,
To process, fulfill and process your order,
get in touch with you
to be able to process any liability claims,
to be able to assert contractual claims against you.
Disclosure of data to third parties
We only pass on your personal data to third parties if:
You according to Art. 6 para. 1 sentence 1 lit. a GDPR have expressly consented to this,
the disclosure according to Art. 6 Para. 1 S. 1 lit. f GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
according to Art. 6 Para. 1 S. 1 lit. c GDPR there is a legal obligation,
this according to Art. 6 para. 1 sentence 1 lit. b GDPR is necessary for the processing of the contract concluded with you (e.g. transfer of the data to the logistics company commissioned with the delivery or for the purpose of payment processing).
In addition, your personal data will not be passed on to third parties without your express consent. If we pass on your personal data to third parties, we limit the scope of the transmitted data to the necessary minimum.
The legal basis for processing your data is, as far as the processing of your order is concerned, Art. 6 Para. 1 lit. b GDPR. This also applies to the processing operations required to carry out pre-contractual measures. Insofar as processing is necessary to fulfill a legal obligation to which we are subject, Art. 6 para. 1 lit. c GDPR as the legal basis. If processing is necessary to safeguard one of our legitimate interests or a third party and your interests, fundamental rights and fundamental freedoms do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR as the legal basis for processing.
Storage duration and data deletion
Due to commercial and tax regulations, we are obliged to save your address, payment and order data for a period of 10 years. After expiry of the statutory warranty rights (2 years), however, we restrict processing so that your data is only used to comply with legal obligations.
Rights of those affected
According to the GDPR, you have the rights listed below, which you can assert at any time from the person named in section 1 of this data protection declaration:
Right to information: According to Art. 15 GDPR, you can request confirmation as to whether and which personal data we process about you. In addition, you can get free information from us about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection , the existence of a right to lodge a complaint and the origin of your data, unless it was collected from us. You also have a right to information as to whether your personal data has been transferred to a third country or to an international organization. If this is the case, you have the right to receive information about the appropriate guarantees in connection with the transmission.
Right to correction: According to Art. 16 GDPR, you can request the correction of inaccurate or incomplete personal data stored by us and concerning you.
Right to deletion: According to Art. 17 GDPR, you have the right to request the deletion of your personal data stored by us, insofar as we do not process it
to fulfill a legal obligation,
to assert, exercise or defend legal claims,
to exercise the right to freedom of expression and information or
for reasons of the public interest mentioned in Art. 17 Para. 3 lit c and d GDPR
Right to restriction: According to Art. 18 GDPR, you have the right to request the restriction of the processing of your personal data if
the accuracy of the data is contested by you for a period of time that enables us to check the accuracy of the personal data,
the processing of your data is unlawful, but you refuse to delete it and instead request that the use of the data be restricted,
we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims
You have lodged an objection to the processing of your data in accordance with Art. 21 GDPR, but it has not yet been determined whether the legitimate reasons that entitled us to further processing despite your objection outweigh your rights.
Right to information: If you have asserted the right to correction, deletion or restriction of processing against us, we are obliged to all recipients to whom the personal data concerning you have been disclosed, the correction or deletion of the data requested by you or their data Notify restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed by us about these recipients.
Right to data portability: According to Art. 20 GDPR, you can request that we receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format or that we request transmission to another person responsible.
Right to lodge a complaint: According to Art. 77 GDPR, you have the right to complain to a supervisory authority. For this you can contact the supervisory authority of your usual place of residence, your place of work or our company headquarters.
Right of withdrawal: According to Art. 7 Para. 3 GDPR, you have the right to withdraw your consent to the processing of your data at any time. The revocation you have made does not change the legality of the processing of your personal data prior to the revocation.
Right to object
You have the right to object to the processing of your personal data at any time, for reasons that arise from your particular situation, based on a balance of interests (Art. 6 Para. 1 lit. This is particularly the case if data processing is not required to fulfill a contract. If you exercise your right to object, we ask you to explain the reasons. We will then no longer process your personal data unless we can demonstrate to you that compelling legitimate reasons for data processing outweigh your interests and rights.
Regardless of the above, you have the right to object to the processing of your personal data for advertising and data analysis purposes at any time.
We also take state-of-the-art technical and organizational security measures to comply with data protection law regulations and to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties.
Up-to-dateness and change of this data protection declaration
This data protection declaration is currently valid and was last updated in July 2018.
Due to the further development of the Etsy website or due to changes in legal or official requirements, it may become necessary to adapt this data protection declaration.
§ 1 Scope, subject of the contract and identity of the seller
(1) The following provisions apply to all contracts between me, namely
<First name, name>
as a seller, and you as a buyer about the sale and delivery of the items offered by me through the Etsy internet platform.
§ 2 consumers and entrepreneurs
(1) My offers are aimed at both consumers and entrepreneurs.
(2) Consumers in this sense is any natural person who concludes the contract with me for purposes that can be attributed predominantly neither their commercial nor their independent professional activity.
(3) Entrepreneur in this sense is a natural or legal person or a legal partnership, which acts on the conclusion of the contract with me in the exercise of their commercial or independent professional activity.
§ 3 Agreements and information on the conclusion of the contract
(1) The individual technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction shall be in accordance with the following provisions.
(2) If an article is posted by me at Etsy, is in the activation of the article page with Etsy the binding offer to conclude a purchase contract for the conditions contained in the article page.
(3) For the conclusion of the contract, the Etsy terms and conditions apply. A link to the Etsy Terms and Conditions can be found on every Etsy page below.
In the Etsy terms and conditions, the contract is regulated as follows, depending on the format of the offer:
"§ 6 Offer formats and conclusion of contract (...)
2. If a seller, through the Etsy Services, places an item in the auction or fixed price format, he makes a binding offer to conclude a contract for that item. He determines a start or fixed price and a period within which the offer can be accepted (duration of the offer). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can additionally offer offers in auction format with a Buy It Now feature. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. Etsy reserves the right to change this feature in the future. (...)
4. For fixed price items, the buyer accepts the offer by clicking on the button "Buy It Now" and then confirming it. For fixed price items where the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button and completing the immediately following payment process. The buyer may also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment transaction.
5. At auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder after expiry of the offer period. A bid expires if another buyer submits a higher bid during the offer period. (...)
6. In the event of premature termination of the offer by the seller, a contract is concluded between the latter and the highest bidder, unless the seller was entitled to withdraw the offer and to cancel these bids.
7. Buyers can only take back bids if there is a legitimate reason to do so. After a legitimate bid redemption comes between the user who is the highest bidder after the auction due to the bid withdrawal and the seller no contract.
8. In certain categories, the seller can provide his offer with a price proposal function. The Price Proposal feature allows buyers and sellers to negotiate the price of an item. (...)
11. If an item is deleted by Etsy before the end of the offer period, there will be no effective contract between the buyer and the seller. "
(4) Purchase using the "Buy It Now" or "Bid" function
By clicking on the "Buy It Now" or "Bid" buttons on the article pages, you are not yet making a binding contract. Afterwards you have the possibility to check the information you have given and to correct it using the "back" function of your internet browser or to cancel the purchase. This option no longer exists until you have submitted a binding contract. The action by which you submit a binding contract declaration and the contract is concluded when making a purchase is shown in the menu navigation of Etsy.
(5) Purchase via the shopping cart
If a purchase is offered via the shopping cart, store the goods intended for purchase in the "shopping cart" by clicking on the "Add to cart" button on the article page. The "shopping cart" is then displayed. You can also use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After you have called up the "Continue to checkout" page and entered the delivery address and selected the payment method, all the order details will be displayed again on the order overview page.
If you select "PayPal" as the payment method, you will first be taken to a PayPal log-in window. After you have successfully registered with PayPal, you will be redirected to the order overview page at Etsy.
Before you send the order, you have the option to check all the information again, to change it - also using the "back" function of your Internet browser - or to cancel the purchase.
If you click the "Buy and pay" button, you declare your acceptance of the offer in a legally binding manner. This is how the purchase contract comes about.
(6) Purchase using the "Price proposal" function
As far as the function "price proposal" is offered, you have the possibility to submit a counter offer. This is done by clicking the "Send price proposal" button on the article page, entering your price proposal on the following page, selecting the "Check price proposal" button and confirming the "Send price proposal" button on the following page. This is a binding offer. You are bound to the price proposal sent to me for two days. If I accept your price proposal, the purchase contract is concluded.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email. You are therefore obliged to ensure that the email address you provide me with is correct and that the receipt of emails is technically ensured, i.e. in particular not e.g. is blocked by SPAM filters.
§ 4 Storage of the contract text and language of the contract
(1) The complete contract text is not saved by me. Before you send the order, you can print out the contract data using the print function of your Internet browser or save it electronically. After I have received your order, the order data, the general terms and conditions including the information required by law for distance contracts will be sent to you again by email.
(2) The language available for the conclusion of the contract is German.
§ 5 essential characteristics of the goods
The essential characteristics of the goods can be found in the article description of the respective offers.
§ 6 prices, shipping costs, return costs in the event of cancellation and terms of payment
(1) The purchase prices to be paid by you on the respective article pages are final prices plus shipping costs. According to § 19 UStG, the sales tax is not shown separately on the invoice.
(2) There are additional shipping costs for each order. They can be called up via a correspondingly labeled button in the respective article description, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
(3) In the event of cancellation, you bear the direct costs of returning the goods.
(4) The payment methods available are listed in the respective article description.
(5) Unless otherwise stated for the individual payment methods, the purchase price to be paid by you is due for payment immediately.
(6) Insofar as a purchase is made via PayPal, I will transfer my claim against you in full and irrevocably to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ab. You agree that PayPal (Europe) S.à r.l. et Cie, S.C.A. carries out a credit check using the transmitted data before accepting the assignment. I reserve the right to refuse this payment method as a result of the credit check. You will be informed of this in the Etsy checkout. When authorizing the purchase on account via PayPal, PayPal (Europe) S.à r.l. et Cie, S.C.A. the assignment, so that debt-free payments are only made to PayPal (Europe) S.à r.l. et Cie, S.C.A. can be achieved. The payment period is 14 days from receipt of the goods.
§ 7 delivery conditions
The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective item description. Unless otherwise stated in the item description, the delivery of the goods takes place within three to five days after the conclusion of the contract, but with agreed advance payment only after the time of your payment instruction.
§ 8 warranty
There are statutory rights of defect liability for the goods.
§ 9 guarantees
On the respective article pages and on special information pages in the Etsy shop you will find information on any additional guarantees that may exist and their exact conditions.
§ 10 dispute resolution / OS platform
(1) The European Commission offers consumers a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/, which the consumer can contact in the event of any disagreement in connection with a purchase or service contract concluded online via electronic business transactions.
(2) I am not obliged and not willing to participate in dispute settlement proceedings before a consumer arbitration board.
Disposal of batteries
I am legally obliged to inform you of the following in connection with the sale of batteries or the delivery of devices that contain batteries:
After use, you can return batteries that I have or have in the range to me free of charge.
As an end user, you are legally obliged to return used batteries.
The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be disposed of with household waste.
Hg = battery contains more than 0.0005 mass percent mercury.
Cd = battery contains more than 0.002 mass percent cadmium
Pb = battery contains more than 0.004% lead by mass
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier,
- the goods (in the case of delivery of one product or a single delivery of several goods that you have ordered as part of a single order) or
- the last item (in the case of separate delivery of several items that you have ordered as part of a single order) or
- the last partial shipment or the last piece (in the case of delivery of one or more goods that you have ordered as part of a single order, in several partial shipments or pieces)
have taken possession of.
In order to exercise your right of withdrawal, you must inform us (Jannik Scholkmann, Giselastr. 21a, 10317 Berlin, Germany, phone: 015786873600, TE-Mail: email@example.com) by means of a clear statement (e.g. a letter sent by post, fax or Email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we have received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days 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 handling that is not necessary for checking the nature, properties and functioning of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods:
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only for notification on paper):
(*) Delete where inapplicable.
End of revocation