General Terms & Conditions
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General Terms & Conditions & Privacy Information & Cancellation Policy & Cancellation Form
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Table of Contents
A. General Terms and Conditions
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. granting of rights of use for digital contents
7. retention of title
8. liability for defects
9. applicable law
10. alternative dispute resolution
B. Information on data protection
1. information about the collection of personal data and contact details of the responsible person
2. contacting
3. data processing for order processing
4. rights of the person concerned
5. duration of storage of personal data
6. reference to the Payhip data protection declaration
C. Cancellation policy
1. Introduction
2. Right of revocation
3. Consequences of revocation
4. Exclusion or premature expiry of the right of withdrawal
D. Revocation form
A. General terms and conditions
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of René Erich Alfred Groth, trading as "Esthetic Craft Dreams, Owner René Groth" (hereinafter "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller on the internet trading platform Payhip (hereinafter "Payhip"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 By placing an item on Payhip, the seller makes a binding offer to sell this item.
2.2 The customer can accept the offer of the seller via the online order form provided by Payhip. For this purpose, the customer must first place the desired item in the virtual shopping cart at Payhip and then go through the order steps specified by Payhip. By clicking the button concluding the order process, the customer declares acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.
2.3 The text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after conclusion of the contract together with these General Terms and Conditions and Customer Information. The Seller shall not make the text of the contract accessible beyond this.
2.4 Before bindingly placing the order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries before binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions.
2.5 The English language is available for the conclusion of the contract.
3) Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 The prices stated by the Seller are total prices and include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's offer on Payhip.
4.3 We may collect data necessary to process your payment when you make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is stored by Stripe and PayPal. You can find their privacy policy links here
https://www.paypal.com/us/webapps/m/ppua/privacy-full-personalData
All personal information you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing at Payhip is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.3 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Digital content is provided to the customer as follows:
- via download
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated in the Seller's content description at Payhip, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects
8.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
- in the case of used goods, the rights and claims for defects are excluded;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of time limits shall not apply to
- to claims for damages and reimbursement of expenses of the customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
- for any existing obligation of Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.
8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
8.6 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
B. Information on data protection
1) Information on the collection of personal data and contact details of the person responsible.
1.1 We are pleased that you are visiting our Payhip presence (hereinafter "website") and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data in this context is all data with which you can be personally identified.
1.2 The data controller within the meaning of the General Data Protection Regulation (GDPR) is René Erich Alfred Groth, Esthetic Craft Dreams, Owner René Groth, Webergasse 36, 87435 Kempten, Germany, Tel.: 01738324978, Email: esthetic-craft-dreams@outlook.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
2) Contacting
When contacting us (e.g. via contact form or e-mail), personal data is collected. You can see what this data is from the contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and provided that there are no legal storage obligations to the contrary.
3) Data processing for order processing
3.1 Insofar as necessary for the processing of the contract for delivery and payment purposes, the personal data collected by us will be passed on to the commissioned transport company and the commissioned credit institution in accordance with Art. 6 Para. 1 lit. b DSGVO.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we will process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you personally about upcoming updates within the legally stipulated period within the scope of our legal information obligations pursuant to Art. 6 (1) lit. c DSGVO by suitable means of communication (e.g. by post or e-mail). Your contact data will be used strictly for the purpose of informing you about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.
In order to process your order, we also work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data is transmitted to these service providers in accordance with the following information.
3.2 We may collect data necessary to process your payment when you make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is stored by Stripe and PayPal. You can find their privacy policy links here
https://www.paypal.com/us/webapps/m/ppua/privacy-full-personalData.
The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
For further data protection information, please refer to the privacy policy of Payhip: https://payhip.com/privacy
4) Rights of the data subject
4.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the controller with regard to the processing of your personal data, which we inform you about below:
- Right to information pursuant to Art. 15 DSGVO: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period and/or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing that concern you, as well as your right to be informed about what guarantees exist in accordance with Article 46 of the GDPR when your data is transferred to third countries;
- Right to rectification pursuant to Art. 16 DSGVO: You have a right to the immediate rectification of inaccurate data relating to you and/or completion of your incomplete data stored by us;
- Right to deletion pursuant to Art. 17 DSGVO: You have the right to demand the deletion of your personal data if the requirements of Art. 17 (1) DSGVO are met. However, this right does not exist in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
- Right to restriction of processing pursuant to Art. 18 DSGVO: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you dispute, is being verified, if you refuse the deletion of your data due to unlawful data processing and instead request the restriction of the processing of your data, if you require your data for the assertion, exercise or defense of legal claims after we no longer need this data after the purpose has been achieved, or if you have lodged an objection for reasons relating to your particular situation as long as it has not yet been determined whether our legitimate grounds prevail;
- Right to information in accordance with Art. 19 DSGVO: If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
- Right to data portability pursuant to Art. 20 DSGVO: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller, insofar as this is technically feasible;
- Right to revoke consent given in accordance with Art. 7 (3) DSGVO: You have the right to revoke consent to the processing of data once given at any time with effect for the future. In the event of revocation, we will immediately delete the data concerned, unless further processing can be based on a legal basis for processing without consent. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you consider that the processing of personal data concerning you infringes the GDPR, you have - without prejudice to any other administrative or judicial remedy - the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
4.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA WITHIN THE FRAMEWORK OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of the storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the purpose of processing and - if relevant - additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 (1) a DSGVO, the data concerned will be stored until you revoke your consent.
If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 Para. 1 lit. b DSGVO, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until you exercise your right to object in accordance with Article 21 Paragraph 1 of the GDPR, unless we can provide compelling legitimate reasons for this demonstrate that the processing outweighs your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until you exercise your right to object in accordance with Article 21 Paragraph 2 of the GDPR.
Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
6) Reference to the Payhip privacy policy
The Payhip platform is responsible for all further data processing that goes beyond the data processing described above. Further information about Payhip's data protection can be found in Payhip's data protection information: https://payhip.com/privacy
C. Cancellation policy
Introduction
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
For contracts for the delivery of goods, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
For contracts for the delivery of data that is not on a physical data carrier and is produced and provided in digital form (digital content), the cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must contact us (René Erich Alfred Groth, Esthetic Craft Dreams, owner René Groth, Webergasse 36, 87435 Kempten, Germany, Tel.: 01738324978, Email: esthetic-craft-dreams@outlook.de) by means of a clear statement (e.g. a letter sent by post or email) informing you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
For contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back or until you have provided evidence 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 case no later than twenty-one days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of twenty-one days has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal expires prematurely in the case of contracts for the provision of digital content if we have begun to fulfill the contract after you have expressly agreed that we will begin to fulfill the contract before the end of the withdrawal period and you have confirmed to us that you are aware of this by giving your consent you will lose your right of cancellation at the beginning of the fulfillment of the contract, and we have provided you with a confirmation of the contract on a durable data carrier, in which the contents of the contract are reflected, including the aforementioned conditions for the premature expiry of the right of cancellation.
D. Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
At
René Erich Alfred Groth
Esthetic Craft Dreams, owner René Groth
Webergasse 36
87435 Kempten
Germany
Email: esthetic-craft-dreams@outlook.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for paper notification)
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Date
(*) Delete what is not applicable
