General terms and conditions
1. Scope
The following T&Cs apply to all orders placed via our eBay shop.
These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, correction options
The purchase contract is concluded with Jessika Rothe.
Auction format
If we enter an article in the auction or fixed-price format, we are placing a binding offer to conclude a contract for this article. We determine the starting/fixed price and the duration of the offer, i.e. the time period within which the offer may be accepted. If we set a minimum price in the auction format, the offer will be subject to the condition precedent of the minimum price being reached.
We may additionally provide offers in an auction format with a buy-now function, which you may use as long as no bid has been made yet on the article or the minimum price has not yet been reached.
For auctions, you accept the offer by placing a bid. The acceptance takes place subject to the condition precedent that you are the highest bidder after the end of the offer period. Your offer lapses if another buyer places a higher bid during the term of the offer.
Fixed-price format
If we enter an article in the fixed-price format, we are placing a binding offer to conclude a contract for this article.
You accept the offer by clicking on the “Buy It Now” button and then confirming. With fixed-price articles, for which we have selected the “Immediate payment” option, accept the offer by clicking on the “Buy It now” button and complete the directly subsequent payment process. You may also accept offers for several articles by (if available) placing the articles in the shopping cart and completing the directly subsequent payment process.
Price suggestion option
If the “Send price suggestion” button is available in one of our offers under the Buy It Now price, you may suggest a price to us, at which you would buy the article. We may accept, reject or make a counter-offer to your price suggestion. If you make a price suggestion, you are providing a binding offer to conclude a contract for this article at the price that you have suggested. Your price suggestion is valid for 48 hours or until the end of the offer, depending on which is reached first. If we accept, a binding contract is concluded. The price suggestion basically only applies to the price for the offered article.
Option Click & Collect
If the "Click & Collect" icon is displayed for a Buy Now deal as part of the information about the collection of your order, this means that you can collect your order from one of our stores. Payment methods available for this option are PayPal, credit card or debit. The contract is concluded only after you buy and pay for the product.
Possibility for correction
Before submitting your order you may identify and correct your entries by means of the self-explanatory tools that eBay provides in the ordering process. To cancel a transaction, use the “back” button of your browser in order to get back to the article page or to the ebay shopping basket. In the shopping basket you change the quantity of the products by amending the number of items or delete the article from the basket by clicking on “remove”. Input errors can also be corrected by cancelling the purchase process.
3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.
We save the text of the contract on our system, which is however not accessible for you.
However, you have the opportunity to view your previous orders via your eBay account at "My eBay". The complete text of the contract will not be accessible there.
4. Delivery conditions
We only dispatch goods en route; pick up by the customer is not possible.
5. Payment
The following payment methods are basically available in our online shop:
Advance payment
If you select advance payment we provide you with our bank details in immediately after submission of the order and deliver the goods on receipt of funds.
PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Cash payment on collection
You pay the invoice amount in cash on collection.
6. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the law governing liability for defects shall apply.
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.
For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 445a German Civil Code remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
for injury to life, limb or health
for deliberate or grossly negligent breach of duty, as well as fraud
for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
9. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
for injury to life, limb or health
for deliberate or grossly negligent breach of duty
for guarantee commitments, where agreed
towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.
11. Final provisions
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
The Terms and Conditions have been prepared with the Trusted Shops’ Legal Text Generator in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
