About Us/ Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
About Us
Legal website operator identification:
Miniblings UG (haftungsbeschränkt)
Graefestr. 71
10967 Berlin
Represented by the general manager Nina Nitsch
Telephone: 030 91205908
E-Mail: Team@miniblings.de
VAT No.: DE 300755546
listed in the commercial register of the local court Charlottenburg
Commercial register number - Part B of the commercial register - 167458
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.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
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 14 days without specifying any reasons.
The revocation period is 14 days with effect from the day,
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered
one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
- on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered
several products within the scope of a standard order and these products are delivered separately;
To exercise your right of withdrawal, you must inform us (Miniblings UG (haftungsbeschränkt), Graefestr. 71, 10967 Berlin, Telephone
number: +49-30-991205908, E-Mail address: jana@miniblings.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail)
of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, 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 14 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.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back
to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you
inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary
for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer
is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days
after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the
entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been
removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Miniblings UG (haftungsbeschränkt), Graefestr. 71, 10967 Berlin, Email address: jana@miniblings.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 (*)
- 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 / data protection declaration
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 (Miniblings UG
(haftungsbeschränkt)) via the etsy Internet platform. 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 subject-matter of the contract is the selling of products .
(2) If we set up an item vis-a-vis etsy , the activation of the supply-side domain at etsy encompasses the binding offer associated with the
conclusion of a purchase contract under the conditions specified on the page associated with the item in question.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "shopping cart" using the appropriate buttons on the
navigation bar and make changes there at any time. After selecting the payment method and selecting "proceed to checkout" or "pay with
PayPal", personal information and payment data is entered. Finally, all of the order data is shown again on the order summary page.
If you use an instant payment system (e.g., PayPal or Sofort), you will first be forwarded to the website of the instant payment service
provider. If you are forwarded to the website of the instant payment service provider, make the appropriate selection or entry of your data
there.
Before submitting the order, you have the ability once more to review or change any information on the order summary page (you may also
use the "back" button on the Internet browser), or to cancel the purchase.
By sending the order via the corresponding button you make a legally binding declaration of the acceptance of the offer, which results in the
contract conclusion.
(4) 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 a
partially-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 Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are necessary for the customised
designing of the products in question. This can also be done via e-mail, in which case it must be done in a prompt manner after the contract
has been concluded. Any potential specifications issued by the supplier regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights
to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised
by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from us, which you should check
in a prompt manner. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text
format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We
assume no liability for unqueried errors.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were
informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the
contracting parties.
§ 6 Choice of law, place of fulfilment, jurisdiction
(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) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of
business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with
us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well
as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This
has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) 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
Miniblings UG (haftungsbeschränkt)
Graefestr. 71
10967 Berlin
Germany
Telephone: 030 91205908
E-Mail: Team@miniblings.de
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.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
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 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you,
insofar as free delivery is not confirmed.
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 concluded
become 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.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the
conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 29.11.2023
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of
a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing
procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The person responsible for data processing is: NIna Nitsch, Graefestr. 71, 10967 Berlin
Deutschland, 03091205908, nina@miniblings.de
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order
as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the
conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with
you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers
for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope
of data transmission is restricted to a minimum.
Merchandise management
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose
your personal data as collected in the course of the order will be sent to
plentysystems AG, Johanna-Waescher-Straße 7, 34131 Kassel, Germany
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the
retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed
to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion,
restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing
for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed
legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons
arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the
processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal
claims.
last update: 29.11.2023
