Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his
commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day of the conclusion of the contract.
In order to exercise your revocation right, you must inform us (Angelika Fiol, Im Sulzbachfeld 16, 77933 Lahr, telephone number:
078215493333, e-mail address: fiolettermail@web.de) of your decision to revoke this contract by means of a clear declaration (e.g. a
letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the
expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of
additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by
us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this
contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment
unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
Criteria for expiry
The revocation right expires in case of a contract about the delivery of digital contents not available on a physical data carrier if the
businessman has started with the execution of the contract after the consumer
1. has explicitly approved that the businessman starts with the execution of the contract before expiry of the revocation right and
2. confirms that he is aware that he shall lose his revocation right once the contract execution is started with his approval.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Angelika Fiol, Im Sulzbachfeld 16, 77933 Lahr, e-mail address: fiolettermail@web.de
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
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Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of a notification on paper)
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Angelika Fiol) via the
www.etsy.com/de/shop/ButterflyLotusPixels website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is
ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to
every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.
§ 2 Conclusion of the contract
(1) The contract subject matter is the purchase of download products (digital content which is not supplied on a physical data carrier).
(2) In conjunction with the setting up of the respective download product on our website, we refer you to a binding offer associated with the
conclusion of a purchase contract under the conditions specified in the product description.
(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in apartially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,
and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by
a SPAM filter.
§ 3 Licence to use for download products
(1) The download products that are on offer are copyright-protected. You will receive a simple operating license for every download product
purchased from us, unless otherwise specified in the respective quote.
(2) The simple usage licence encompasses permission to save and/or record a copy of the download product on your computer or other
electronic device for personal use.
You are not allowed to make any additional copies. You are explicitly prohibited from changing a file or parts thereof, processing it and
making it privately or commercially available to external parties in any manner whatsoever.
§ 4 Right of retention
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 5 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed
by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-
doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Angelika Fiol
Im Sulzbachfeld 16
77933 Lahr
Germany
Telephone: 078215493333
E-Mail: butterflylotus18@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under
https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically
saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance
selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
including all the incidental taxes.
5.2 Since the product is downloaded, no shipping costs accrue.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or
money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the
payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concludedbecome payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on
our website or in the respective quote.
6.2
Insofar as no other time period is specified in the respective quote or under the appropriate button, delivery of the download products will be
made within 1-3 days following conclusion of the contract (with an agreed advance payment after the time of your payment instruction).
6.3 For download products, delivery will be made either as a file via e-mail or by sending access data to execute the download via a
message on the platform or via e-mail. In the latter case, you can download and activate the purchased download product using the access
data provided in the message or e-mail. For further details, refer to the respective article description.
7. Statutory warranty right
The statutory warranty rights are applicable.
last update: 23.10.2019