General Terms and Conditions. GTC.

General Terms and Conditions / Privacy Policy / Cancellation Policy / Sample Withdrawal Form 

These terms and conditions are an automated translation for the convenience of English-speaking visitors. There is no guarantee concerning correct wording or legal terms. The German version is the only legally binding version.

A.Terms & Conditions 

1.    Basic Information, Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to 

the business transaction between the owner of the website www.juttabluehberger.at and all associated online presences on Etsy, Facebook, Instagram, LinkedIn, Vimeo, WordPress, and YouTube, including those appearances under the title “Heiter & Gelassen” hereinafter referred to as “Shop”) Jutta Blühberger, Feldweg 4, 5350 Strobl, Austria (hereinafter referred to as “Seller”) and our customers, for all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) with the seller with regard to the goods offered by the seller on the Internet trading platform Etsy (hereinafter referred to as “Etsy”). Deviating general terms and conditions of the customer will not be recognized unless the provider has previously expressly agreed to their validity in writing. 

Etsy’s terms and conditions can be found at www.etsy.com. 

For the seller’s online presences at Artmajeur, Redbubble and Zazzle, the current terms and conditions of these platforms apply there. 

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

2.    Contract

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

2.2 The customer may accept the seller’s offer through Etsy’s order process by selecting Products from the seller’s assortment and collecting them in a virtual shopping cart by clicking on the “Add to Cart” button. By clicking on the button “Pay with Visa/Mastercard/American Express, Klarna or PayPal” or “Order with obligation to pay”, he submits a binding offer to purchase the goods in the shopping cart. The customer can correct his entries before the binding submission of the order within the framework of the electronic ordering process using the usual keyboard and mouse functions. By clicking on the button concluding the ordering process, the customer declares acceptance of the offer, which results in a purchase contract for the goods previously selected by the customer.

2.3 Etsy takes over parts of the electronic communication with the customer and may, for example, send the customer an automatic contract confirmation by e-mail, in which the customer’s order is listed again. The automatic acknowledgement of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. Acceptance of the contract only takes place through a separate declaration of acceptance by the provider, e.g. through the dispatch notification of the provider, but at the latest when the goods are sent.

2.4 Only the German language is available for the conclusion of the contract.

3.    Prices and payment terms

3.1 The prices quoted by the seller are total prices and include all statutory taxes, to the extent applicable. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

3.2 In the case of deliveries to countries outside the European Union, further costs may be incurred 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 transmission 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 funds 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.

3.3 The payment option(s) will be communicated to the customer in the seller’s listing on Etsy.

3.4 The seller facilitates payment via the Etsy Payments payment method. The customer can use the payment methods offered to him within the framework of Etsy Payments for payment.

If you use this payment method, payment will be processed by Etsy Ireland UC, 66/67 Great Strand Street, Dublin 1, Ireland (hereinafter: Etsy UC), unless payment is made in US dollars or Canadian dollars. In this case, payment will be processed 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 in the form of

  • Credit cards
  • Debit/Bank Cards
  • Etsy Gift Cards and Etsy Credits
  • PayPal
  • Klarna Pay Later (Germany)
  • iDEAL (only in the Netherlands)
  • Sofort (Austria and Germany)
  • Apple Pay
  • Android Pay

Etsy UC or Etsy Inc. may use other payment service providers to process payments.

For more information about Etsy Payments and the Etsy Payments Terms of Use, please visit: https://www.etsy.com/de/legal/etsy-payments/?ref=list

Depending on the item and the customer’s location, the aforementioned payment methods may only be available to a limited extent. The specific payment method(s) available for the respective goods will be displayed to the customer in the respective offer of the seller or in the context of order processing.

3.5 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.

3.6 If the payment method “PayPal” is selected, the payment will be processed by 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has such an account.

4.    Delivery and shipping conditions

4.1 Goods shall be delivered by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided in the order processing on Etsy is decisive. If the customer fails to provide the seller with his full name and delivery address, the seller may extend the delivery period or cancel the order. 

4.2 The delivery period begins with the dispatch of the goods. The estimated delivery time is indicated on the respective item page. This is usually between 3 and 5 working days. Both the processing time and the delivery time are empirical values and estimates. Exceeding the specified times does not entitle the seller to withdraw from the contract unless the seller is not able to ship the ordered goods even after the specified times have expired and a grace period of three weeks has been set in writing.

4.3 The seller will only deliver to customers whose billing address and delivery address are in one of the countries available in the item’s shipping settings. 

4.4 The seller is not obliged to ensure that the Offer is permanently available. An obligation to deliver that has already been triggered by the conclusion of the contract does not apply if the seller is not responsible for the lack of availability and he has informed the customer immediately of the lack of availability. In this case, at the customer’s option, either a grace period for delivery must be agreed upon or an advance payment already received must be refunded.

4.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance. Furthermore, this does not apply with regard to the costs for sending the product if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller’s cancellation policy shall apply to the return costs.

5.    Prices and shipping costs 

5.1 The amount of the shipping costs depends on the article description of the goods. The shipping method indicated is not part of the agreement between the contracting parties and may differ from the information in the item description.

5.2 The seller shall bear the shipping risk only if the customer is a consumer. In all other cases, the customer bears the shipping risk.

5.3 In the event of a revocation, the customer must bear the direct costs of the return. This does not apply if the customer would be exposed to disproportionate difficulties as a result of a return. 

6.    Ownership

Until full payment has been made, the delivered goods remain the property of the supplier. 

7.    Responsibility for Damaged Goods

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply. 

7.2 The customer is requested to complain to the delivery person about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.

8.    Applicable law

8.1 The law of the Republic of Austria shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. 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 country in which the consumer has his habitual residence.

8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

9.    Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

B.                  Information on data protection

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

1.1 We are pleased that you are visiting our Etsy shop (hereinafter referred to as the “Shop”) and thank you for your interest. In the following, we will inform you about the handling of your personal data when you use our website. Personal data is all data with which you can be personally identified.

1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Jutta Blühberger, Feldweg 4, 5350 Strobl, Austria, Tel.: (+43) 660 6292036, E-Mail: atelier (at) bluehberger . info. The controller of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2.    Contact

When contacting us (e.g. via contact form or e-mail), personal data is collected, which you can see from the contact form. This data will be stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in answering your request in accordance with Art. 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been processed, this is the case if it can be inferred from the circumstances that the facts in question have been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

3.    Data processing for order processing

3.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned bank as part of the payment processing process if this is necessary for the payment processing. If payment service providers are used, we provide explicit information about this below. The legal basis for the transfer of data is Art. 6 (1) (b) GDPR.

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

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

3.3 If you pay by credit card via PayPal or by direct debit via PayPal, we will pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), as part of the payment process. The transfer will take place in accordance with Art. 6 (1) (b) GDPR and only to the extent necessary for payment processing.

4.    Rights of the data subject

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

  • Right of access pursuant to Art. 15 GDPR: In particular, you have a right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period 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, as well as your right to information,  what safeguards exist in accordance with Art. 46 GDPR when your data is transferred to third countries; 
  • Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us; 
  • Right to erasure 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 exist in particular where 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 establishment, exercise or defense of legal claims; 
  • Right to restriction of processing pursuant to 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 that you contest is verified, if you refuse to delete your data due to unlawful data processing and instead request the restriction of the processing of your data if you use your data to assert,  exercise or defense of legal claims after we no longer need this data after the purpose has been achieved or if you have objected on grounds of your particular situation, as long as it has not yet been determined whether our legitimate reasons prevail; 
  • Right to information pursuant to Art. 19 GDPR: If you have asserted the right to rectification, erasure, or restriction of processing vis-à-vis 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 disproportionate effort. They 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 that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller, to the extent technically feasible; 
  • Right to revoke consent given 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 without undue delay, 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 before the revocation;
  • Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of personal data concerning you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy.

C.       Cancellation

1.   Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Jutta Blühberger, Feldweg 4, 5350 Strobl, Austria; atelier @ bluehberger . info) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, e-mail). You can use the sample withdrawal form attached below, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2.   Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments 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 type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.

In the case of contracts for the supply of goods, we may refuse to reimburse until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the twenty-one day period.

You will bear the direct costs of returning the goods.

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

3.   Grounds for extinction

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

The right of withdrawal expires in the case of a contract for the supply of digital content not on a tangible medium if the trader has begun to execute the contract after the consumer has

1. has expressly agreed that the entrepreneur will begin executing the contract before the expiry of the revocation period, and

2. has confirmed his knowledge that he loses his right of revocation by his consent at the beginning of the execution of the contract.

4.   Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it to us.)

At 

Jutta Blühberger
Feldweg 4
5350 Strobl
Austria 

E-mail address: atelier @ bluehberger . info

I/we (*) hereby withdraw from the contract entered into 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 if notified on paper)

_________________________

Date

(*) Delete what is inappropriate 

As of August 1, 2024