General terms and conditions & cancellation policy
right of withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving a 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 took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Anna Scheuten, Krippstraße 25, 40229 Düsseldorf, phone 0173/7352880, email firstname.lastname@example.org) a clear statement (e.g. a letter sent by post, fax or email ) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the 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 something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(If you want to revoke the contract, please fill out this form and send it back)
— To Anna Scheuten, Krippstraße 25, 40229 Düsseldorf, email email@example.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 consumer(s)
— address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete where not applicable.
Bagamo® Terms and Conditions
The seller of the product is the AnnaBelle company, the owner is Anna Scheuten
The data protection declaration can be found in the appendix to these general terms and conditions.
(1) These General Terms and Conditions (GTC) apply to all offers and services relating to our Etsy shop. In addition, the conditions of the operator of the etsy.com platform apply. If the customer refers to the inclusion of his own terms and conditions of business or purchase, these are contradicted.
(2) Individual contractual agreements have priority over general terms and conditions.
2. Conclusion of the contract
(1) The service descriptions on the website do not yet represent an offer to conclude a purchase contract; it is rather a request to the customer to submit a binding offer by placing an order. An offer is only made when the customer sends the online order from the "virtual shopping cart" of our Etsy shop. The confirmation of receipt of the order that we then send does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation (declaration of acceptance). The customer is no longer bound to his offer (this expires) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the date we received the order).
(2) If a declaration of acceptance that the customer received late was sent in such a way that it would have reached him in good time if the transport had been carried out regularly, and if the customer had to recognize this, he must notify us of the delay immediately after receipt of the declaration, if it was not already has happened before. If the customer delays the dispatch of the advertisement, the acceptance is deemed not to be late. Otherwise, the late acceptance by us is considered a new offer to conclude a purchase contract, which the customer can accept by expressing a declaration of acceptance or by accepting the goods.
3. Choice of Law
The law of the Federal Republic of Germany applies to the contractual relationships between the contracting parties. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention (CSIG) is excluded.
4. Prices, payment, delivery, shipping costs
(1) The sales tax (VAT) applicable at the time of the order is included in the remuneration.
(2) Information on shipping costs, payment, delivery and fulfillment are contained in the respective goods presentation.
5. Distance Selling Legal Information
(1) The description of the goods results from the presentation on the Etsy platform.
(2) The instructions on your statutory right of cancellation as a consumer, exceptions to the right of cancellation, its premature expiry, the cancellation form, the consequences of the cancellation, e.g. B. Return, return costs and compensation, can be found above in front of these terms and conditions.
(3) The delivery takes place at the latest within 14 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring bank (in the case of advance payment) or after the conclusion of the contract (in the case of cash on delivery or purchase on account).
(4) We do not provide any customer services, in particular no customer service, and we do not provide any guarantees ourselves.
(5) There is no out-of-court complaint or legal remedy procedure to which we are subject. (6) All other information about our company, the offer and the processing of the purchase result from the descriptions on the offer website.
6. Consumer Dispute Resolution Procedure
Regulation (EU) No. 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since January 9th, 2016. It applies to the out-of-court settlement of disputes about contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. With the possibility of online dispute resolution (OS), a simple, efficient, fast and inexpensive out-of-court solution for disputes should be offered. The OS platform forwards properly filed complaints to the responsible (according to national law) ADR bodies (out-of-court dispute resolution). The use of the OS platform itself is free of charge, in proceedings before the ADR bodies the consumer may incur costs (up to EUR 30.00) if his application is abusive.
Link to the OS platform of the EU Commission:
Our email address is: firstname.lastname@example.org
The clickable link to the OS platform can be found in the appendix to these GTC.
7. Electronic Commerce Information
(1) Technical steps to conclude the contract
See the explanations in section 2 of our terms and conditions.
(2) Contract text storage / printout
The customer can save the text of the contract by saving the relevant website on his computer using the "Save as" function of his browser. The print function of his browser also gives him the option of printing out the text of the contract. We store the texts of the contract ourselves and make them available to the customer by email or post if requested.
(3) Correction Opportunity
The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the appropriate change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview before sending the online order also offers an additional correction option, to which the customer is informed.
The language available for the conclusion of the contract is exclusively German.
(5) Code of Conduct
We are not subject to any special code of conduct (set of rules).
There is a statutory right to liability for defects for the purchased goods. The warranty period (i.e. the liability period) for defects in the goods is 24 months for new goods and 12 months for used goods.
The warranty period begins when the goods are handed over to the buyer.
The warranty claims for new and used goods expire within two years from the handover of the goods to the buyer. However, the regular limitation period of 3 years, beginning at the end of the year in which
1. the claim has arisen and
2. the obligee becomes aware of the circumstances giving rise to the claim and the person of the obligor or should have become aware thereof without gross negligence,
- if it is a question of liability for damage resulting from injury to life, limb or health, which is based on a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty by one of my vicarious agents or
- if it is a question of liability for other damages that are based on an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty by one of my vicarious agents or
– when it comes to liability for fraudulently concealed defects, claims arising from promises of guarantees or liability under mandatory statutory provisions, e.g. B. according to the Product Liability Act, or
– if the claims are based on a mutually agreed withdrawal between the parties to the purchase contract, a mutually agreed reduction in price between the parties to the purchase contract or any other agreement between the parties to the purchase contract with regard to the settlement of warranty claims.
The two-year limitation period for recourse claims according to §§ 478 BGB remains unaffected.
The warranty does not cover normal wear or tear.
9. Retention of Title
1) We reserve ownership of the delivered item until receipt of all payments from the purchase contract. If the buyer does not meet his contractual obligations, especially in the case of default of payment, we are entitled to demand the return of the delivered item; in this case, the buyer is obliged to hand over the item.
(2) The buyer is obliged to notify us immediately in the event of seizure of the object of purchase or other related access or attempts by third parties to access the object of purchase so that we can exercise our rights from the retention of title.
10. Note on the Battery Act (BattG)
If the offer includes rechargeable batteries or batteries, you are legally obliged to dispose of used batteries or rechargeable batteries separately. Please hand them in at a municipal collection point or in a local shop. Batteries and rechargeable batteries that you have received from us can be returned to us free of charge. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed-out dustbin and the chemical symbol of the respective harmful substance (e.g. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find this information in the documents accompanying the consignment.
11. Damage in transit
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) The omission of a complaint or contact has no consequences for your statutory warranty claims. However, they help us to be able to assert our own claims against the carrier or the transport insurer.
The data protection declaration for the implementation of the data protection regulations can be found in the appendix to these general terms and conditions.
13. Copyright Notice
The photos posted on our website and the texts we have created are protected by copyright. Unauthorized copying and publication of this (even in part) will be prosecuted under criminal and civil law in accordance with § 97 UrhG.
15. Severability Clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become ineffective in whole or in part, or if the agreements contain a gap, this shall not affect the validity of the remaining provisions.
Dusseldorf, November 27, 2018
1. What information we collect
In order for us to process your order, you must provide us with certain information (which you have authorized Etsy to provide to us). This includes their name, email address, postal address, payment information and details of the product they are ordering. You also have the option to provide us with additional personal information (e.g. for a custom bag) if you contact us directly.
2. Why we need your information and how we use it
We rely on a number of legal bases to collect, use and share your information. Namely:
where we need your information to provide our services, for example to process your order, resolve disputes or provide customer support;
if you have given your express consent (which you can revoke at any time), for example by subscribing to our newsletter distribution list;
when necessary to comply with a legal obligation or court order, or in connection with a legal claim, such as retaining information about your purchases for tax purposes; and
3. Sharing and Disclosure of Information
Customer data is important to our business. We only release your personal data for specific reasons and under very specific circumstances, as follows:
Etsy: We share information with Etsy as necessary to fulfill our obligations under Etsy's Seller Policy and Terms of Service.
Service Providers: We engage certain trusted third-party service providers to perform tasks and provide services for our store, such as parcel services. We share your personal information with these third parties, but only to the extent necessary to perform those services.
Business Transfers: If we sell our business or merge with another, we may disclose your information as part of that transaction, to the extent permitted by law.
Compliance with Laws: We may collect, use, retain and share your information when we have a good faith belief that doing so is reasonable and necessary to: a) respond to legal process or governmental requests; b) enforce our contracts, terms and policies; c) prevent, investigate and correct fraud and other illegal activities, security or technical problems; or d) protect the rights, property and safety of our customers or others.
4. Data Retention
5. Transfer of personal data to countries outside the EU
We may store and process your information through third party hosting services in the United States and other countries. As a result, we may transfer your personal information to countries that have data protection and regulatory surveillance laws that differ from the relevant laws in your country. Where we are deemed to transfer information about you outside of the EU, we rely on the EU-US Privacy Shield as the legal basis for the transfer because Google Cloud is EU-US Privacy Shield certified.
6. Your Rights
If you reside in certain regions, including the EU, you have a number of rights in relation to your personal information. Some of these rights are general and others are specific. These rights are described below:
Access: You may have the right to access and receive a copy of the personal information we hold about you by writing to us using the contact information below.
Modification, Restriction, Deletion: You may also have the right to modify your personal information, restrict our use of that information, or delete it. Except in exceptional circumstances (e.g. where we need to keep data for legal reasons), we will generally delete your personal data upon request.
Objection: You can object 1. to us processing some of your data in relation to our legitimate interests and 2. to receive marketing messages from us, having previously given your express consent. In such cases, we will delete your personal data unless we can demonstrate compelling legitimate grounds for its continued use or it is required for legal reasons.
Complaint: If you reside in the EU and wish to raise a concern about our use of your information - without prejudice to any other rights you may have - you have the right to raise a concern with your local data protection authority.
How to contact us
Within the meaning of the EU General Data Protection Regulation, we, AnnaBelle, are the data controller for your personal data. If you have any questions or concerns, you can contact us at email@example.com. Alternatively, you can write to us at the following address:
For extrajudicial settlements of consumer disputes, the European Union has launched an online platform ("ODR platform"):https://ec.europa.eu/consumers/odr