General terms and conditions of business
Information on data privacy
Cancellation policy
Cancellation form

​The contract language is German. The English version is provided for convenience only.

 

Table of Contents

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A. General Terms and Conditions of Business

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1. Scope

2. Conclusion of contract

3. Right of cancellation

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Reservation of proprietary rights

7. Liability for defects

8. Applicable law

9. Alternative dispute resolution

10. Code of conduct

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B. Information on Data Privacy

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1. Information on the collection of personal data and contact details of the controller

2. Contact

3. Data processing for order processing

4. Rights of the person concerned

5. Duration of storage of personal data

6. Reference to the Etsy Privacy Policy

7. Tools and other

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C. Cancellation Policy

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1. Introduction

2. Right of cancellation

3. Consequences of cancellation

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D. Cancellation Form

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A. General Terms and Conditions of Business

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1) Scope

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1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of Marco Sassenhagen, trading as "M.XPLR" (hereinafter referred to as "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller on the Internet trading platform Etsy (hereinafter referred to as "Etsy"). The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

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1.2 A consumer within the meaning of these General Terms and Conditions of Business is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

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1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

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2) Conclusion of contract

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2.1 By listing an item on Etsy, the seller makes a binding offer to sell that item.

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2.2 The customer can accept the seller's offer via Etsy's online order form. To do this, the customer must first place the desired item in the virtual shopping cart at Etsy and then go through the order steps specified by Etsy. By clicking on the button concluding the ordering process, the customer declares the acceptance of the offer, whereby a purchase contract for the goods previously selected by the customer is concluded.

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2.3 The contract text is stored by the seller and sent to the customer after conclusion of the contract together with the present terms and conditions and customer information in text form (e.g. E-mail, fax or letter). A further access to the text of the contract by the seller himself does not take place.

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2.4 Before binding submission of the order, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection 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 as part of the electronic ordering process with the usual keyboard and mouse functions.

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2.5 The German language is available for the conclusion of the contract.

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2.6 The following languages are also available for the conclusion of the contract: English

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3) Right of cancellation

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3.1 Consumers are generally entitled to a right of cancellation.

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

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4) Prices and terms of payment

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4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices. Value added tax is not due, as the seller is exempt from VAT as a small business owner. If necessary, additional delivery and shipping costs will be stated separately in the respective product description.

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4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or Taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

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

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4.4 When paying by a payment method offered by the payment service "Etsy Payments", payment is processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter "Etsy UC") or - if the payment is made in the currencies of US dollar 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. For the processing of payments, Etsy UC or Etsy Inc. of third-party payment services. The payment method(s) specifically available for the respective goods will be displayed to the customer in the respective offer of the seller or as part of the order processing. Further information and the terms of use of Etsy Payments can be found here: etsy.com/de/legal/etsy-payments/? Ref=list

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5) Delivery and shipping conditions

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5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the order processing at Etsy is decisive.

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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. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. In the event of effective exercise of the right of the right of cancellation by the customer, the regulations made in the cancellation policy of the seller apply to the return costs.

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5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with the 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 refunded immediately.

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6) Reservation of proprietary rights

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If the seller makes an advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.

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7) Liability for defects

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

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7.1 If the customer acts as an entrepreneur,

• The seller has the choice of the type of subsequent performance;

• In the case of new goods, the limitation period for defects is one year from delivery of the goods;

• In the case of used goods, the rights to defects are excluded;

• The limitation period does not begin again if a replacement delivery is made within the framework of the liability for defects.

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7.2 The above regulated limitations of liability and reductions in deadlines do not apply

• For 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 for a structure in accordance with their usual use and have caused its defectiveness,

• For any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

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7.3 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

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7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the obligation of commercial inspection and objection in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated therein, the goods shall be deemed approved.

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

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8) Applicable law

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The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable property. In the case of consumers, this choice of law applies only 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.

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9) Alternative dispute resolution

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The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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The European Commission provides a platform for online dispute resolution (OS platform): https://consumer-redress.ec.europa.eu/index_en

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10) Code of conduct

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The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at fairness-im-handel.de/teilnahmebedingungen/.

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B. Information on data privacy

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1) Information on the collection of personal data and contact details of the controller

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1.1 We are pleased that you are visiting our Etsy 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 is all data with which you can be personally identified.

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1.2 Responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Marco Sassenhagen, M.XPLR, c/o IP-Management #8156, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany, Tel.: +4915226896967, E-Mail: mxplr.studio@gmail.com. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data.

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2) Contact

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If you contact us (e.g. via contact form or e-mail), we collect the personal data transmitted to us by you. This data will be stored and used exclusively for the purpose of processing your request and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in the processing of your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request, unless there are any legal retention obligations. We consider the processing of your request to be completed if it can be inferred from the circumstances that the facts concerned have been finally clarified.

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3) Data processing for order processing

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3.1 To the extent 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 (1) (b) GDPR.

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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 provided by you when ordering in order to inform you personally within the scope of our statutory information obligations in accordance with Art. 6 (1) (c) GDPR. Your contact data will be used strictly for the purpose for communications about updates owed by us and will only be processed by us for this purpose to the extent necessary for the respective information.

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To process your order, we also work with the following service provider(s), 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.

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3.2 - Gelato

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For order processing we use the following provider: Gelato Sweden AB, c/o Epicenter, Mäster Samuelsgatan 36, 111 57 Stockholm, Sweden

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Name, address and, if applicable, other personal data will be passed on to the provider exclusively for the purpose of processing the online order in accordance with Art. 6 (1) (b) GDPR. Your data will only be passed on to the extent that this is actually necessary for the processing of the order.

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3.3 To fulfill our contractual obligations towards our customers, we work together with external shipping partners. We pass on your name and your delivery address exclusively for the purpose of the delivery of goods Art. 6 para. 1 lit. b GDPR to a shipping partner selected by us.

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3.4 When using the Etsy Payments payment method, the payment is processed through Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless the payment is made in the currencies of US dollars or Canadian dollars. In this case, the payment is processed through Etsy Inc., 117 Adams Street, Brooklyn, NY 11201 , United States of America (hereinafter: Etsy Inc.). The transfer takes place in accordance with Art. 6 (1) (b) GDPR and only to the extent that this is necessary for payment processing.

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For more information on data protection, please refer to Etsy's privacy policy: etsy.com/de/legal/privacy/

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4) Rights of the person concerned

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4.1 The applicable data protection law grants you comprehensive data subject rights (information and intervention rights) vis-à-vis the controller with regard to the processing of your personal data, about which we inform you below:

• Right to information pursuant to Art. 15 GDPR: 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 or the criteria for determining the storage period, the existence of a right to rectification, deletion, restriction of processing, objection to the processing, a complaint to a supervisory authority, the origin of your data if it has not been collected by us from you, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the significance concerning you and the desired effects of such processing, as well as your right to be informed of which guarantees exist in accordance with Art. 46 GDPR when your data is passed on to third countries;

• Right to rectification in accordance with Art. 16 GDPR: You have the right to immediately correct incorrect data concerning you and/or completion of your incomplete data stored by us;

• Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 (1) GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

• Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data disputed by you is checked, if you refuse a deletion of your data due to inadmissible data processing and instead request the restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have filed an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;

• Right to information pursuant to Art. 19 GDPR: If you have asserted the right to rectification, deletion 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 deletion 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 in accordance with Art. 20 GDPR: You have the right to receive your personal data, which you have provided to us, in a structured, common and machine-readable format or to request the transfer to another responsible person, as far as this is technically feasible;

• Right to revoke consents granted in accordance with Art. 7 (3) GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, provided that further processing cannot be based on a legal basis for processing without consent. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation;

• Right to lodge a complaint in accordance with Art. 77 GDPR: If you are of the opinion that the processing of your personal data violates 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 place of residence, your place of work or the alleged infringement.

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4.2 RIGHT TO OBJECT

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IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCE OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.

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IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

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IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

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IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL END THE PROCESSING OF THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

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Depending on where you live, you have the right to appeal our decision by contacting us using the contact details below or by submitting your complaint to the relevant data protection authority. For the European Economic Area, there is a list of the competent data protection supervisory authorities. If you want to call up, you have the opportunity to do so here.

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5) Duration of storage of personal data

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The duration of 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. commercial and tax retention periods).

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In the case of the processing of personal data on the basis of express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.

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If there are statutory retention periods for data that are processed within the framework of legal transactions or legal transaction-like obligations on the basis of Art. 6 (1) (b) GDPR, this data will be routinely deleted after the expiry of the retention periods, provided that they are no longer necessary for the performance of the contract or initiation of the contract and/or there is no legitimate interest on our part in further storage.

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In the case of the processing of personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data will be stored until you exercise your right of objection pursuant to Art. 21 (1) GDPR, unless we can prove compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

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In the case of the processing of personal data for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, this data will be stored until you exercise your right to object in accordance with Art. 21 (2) GDPR.

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Unless otherwise stated in the other information in this declaration on specific processing situations, otherwise stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

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6) Reference to the Etsy Privacy Policy

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The Etsy platform is responsible for all other data processing that goes beyond the data processing described above. Further information on Etsy's privacy policy can be found in Etsy's privacy policy: etsy.com/en/legal/privacy/? Ref=ftr

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7) Tools and other

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- Lexware Office

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For the completion of the accounting we use the service of the cloud-based accounting software of the following provider: Haufe-Lexware GmbH & Co. KG, Munzinger Straße 9, 79111 Freiburg, Germany

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The provider processes incoming and outgoing invoices as well as, if necessary, the bank movements of our company in order to automatically record invoices, match them to the transactions and create the financial accounting from this in a semi-automated process.

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If personal data is also processed, the processing is based on our legitimate interest in the efficient organization and documentation of our business transactions in accordance with Art. 6 (1) (f) GDPR.

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​C. Cancellation policy

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Introduction

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Consumers are entitled to a right of cancellation under the following conditions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

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Right of cancellation

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You have the right to cancel this contract within fourteen days without giving any reason.

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The cancellation 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 last goods.

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To exercise your right of cancellation, you must inform us (Marco Sassenhagen, M.XPLR, c/o IP-Management #8156, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany, Tel.: +4915226896967, E-Mail: mxpl.studio@gmail.com) of your decision to withdraw from the contract by means of a clear statement (e.g. A letter sent by post or e-mail) of your decision to cancel this contract. You can use the attached model withdrawal form for this, but it is not mandatory.

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To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

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Consequences of cancellation

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If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from the fact that you have chosen a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the date on which we are informed about your decision to withdraw from 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; in no case will you be charged a fee for this repayment.

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In the case of contracts for the delivery of goods, we may refuse reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earliest.

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You must send back or hand over the goods to us immediately and in any event not later than twenty-one days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of twenty-one days.

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You bear the direct costs of returning the goods.

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You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to verify the nature, characteristics and functioning of the goods.

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D. Cancellation form

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If you want to cancel the contract, please fill out this form and send it back.

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To

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Marco Sassenhagen
M.XPLR
c/o IP-Management #8156
Ludwig-Erhard-Str. 18
20459 Hamburg
Deutschland

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E-mail: mxpl.studio@gmail.com

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I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

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__________________________________________________________

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__________________________________________________________

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Bestellt am (*) ____________ / erhalten am (*) __________________

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__________________________________________________________

Name des/der Verbraucher(s)

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__________________________________________________________
Anschrift des/der Verbraucher(s)

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__________________________________________________________

Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

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_________________________
Datum

(*) Unzutreffendes streichen