General Terms and Conditions

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Thorsten Gerhards, acting under the name "Thorsten Gerhards" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the terms and conditions specified by the Seller on the Internet trading platform Etsy (hereinafter “Etsy”) concludes the goods presented. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that is with Concluding a legal transaction in the exercise of their commercial or independent professional activity.

2.1 By hiring a When the item is placed on Etsy, the seller makes a binding offer to sell this item.

2.2 The customer can accept the seller's offer using the online order form available on Etsy. To do this, the customer must first place the desired item in the virtual shopping cart on Etsy and then go through the ordering steps specified by Etsy. By clicking on the button that completes the ordering 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 contract text is saved by the seller and will be sent to the customer in text form (e.g. e-mail, fax or letter) after conclusion of the contract along with these general terms and conditions and customer information. The seller himself will not make the contract text available beyond this.

2.4 Before bindingly submitting the order, the customer can identify possible input errors by carefully reading the information displayed on the screen . An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries before bindingly submitting the order as part of the electronic ordering process using the usual keyboard and mouse functions.

2.5 The German language is available for concluding the contract.< /p>3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4.1 The prices stated by the seller are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's offer on Etsy.

4.3 When paying using a payment method offered via the payment service "Etsy Payments", payment is processed via Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC ") or - if payment is made in US dollars or Canadian dollars - via Etsy Inc., 117 Adams Street, Brooklyn, NY 11201, United States of America (hereinafter "Etsy Inc."). Etsy UC or Etsy Inc. allows the customer to use various payment methods as part of payment processing via Etsy Payments. Etsy UC or Etsy Inc. may use third-party payment services to process payments. The specific payment method(s) available for the respective goods will be displayed to the customer in the seller's respective offer or as part of the order processing. Further information about and the terms of use of Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/?ref=list

4.4 If advance payment by bank transfer has been agreed, Payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S .à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, which can be viewed at paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, provided that the customer opens a PayPal account or already has such an account.

5.1 Goods are delivered 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 Etsy is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer is responsible for this the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 The seller reserves the right, in the event of incorrect or to withdraw from the contract due to improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

The seller applies in advance, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

As far as the Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance ;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• For used goods, the rights and claims due to defects are excluded;
• begins The statute of limitations does not expire again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of deadlines regulated above do not apply.

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with Section 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8.1 If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to the customer's specific specifications, the customer must provide the operator with all the content required for processing, such as texts, images or To provide graphics in the file formats, formatting, image and file sizes specified by the operator and to grant the user the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no third-party rights are violated, in particular copyright, trademark and personal rights.

8.2 The customer releases the seller from third-party claims that these in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the appropriate costs of the necessary legal defense including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required to examine the claims and defend them.

8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or official prohibitions or morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.