General Terms and Customer Information / Model Withdrawal Form / Privacy Policy
I. General Terms
§ 1 Basic Provisions
(1) These general terms and conditions apply to all contracts concluded between you and us as the supplier (4Clients - Patryk Lechowski) through the eBay online platform. Unless otherwise agreed, any terms of your own that you may use are rejected.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a contract for purposes that predominantly are outside their trade, business, or profession. A businessperson is any natural or legal person or a legally responsible partnership that, when entering into a contract, acts in the exercise of their trade, business, or profession.
§ 2 Conclusion of Contract
(1) The subject matter of the contract is the sale of goods.
(2) If an article is listed by us on eBay, the publication of the offer on the eBay page constitutes a binding offer to conclude a purchase contract under the conditions specified on the article s page.
(3) The conclusion of the contract is subject to the general eBay terms, especially § 6, with a link provided on each eBay page at the bottom. Depending on the offer format, the conclusion of the contract is governed as follows:
§ 6 Offer Formats and Conclusion of Contract
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2. If the seller lists an article in auction or fixed-price format on eBay, they are making a binding offer to conclude a contract for that article. In this case, the seller specifies the starting or fixed price and the period during which the offer may be accepted (duration of the offer). If the seller has set a minimum price in the form of an auction, the offer is subject to the condition that the minimum price is reached.
The seller may also equip auction-format offers with the Buy It Now feature. The buyer can use this feature as long as no bid has been placed on the item or the reserve price has not been reached. eBay reserves the right to change this feature in the future.
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In the case of fixed-price items, the buyer accepts the offer by clicking the Buy Now button and confirming it. For fixed-price items for which the seller has chosen the immediate payment option, the buyer accepts the offer by clicking the Buy Now button and then completing an immediate payment transaction. The buyer can also accept the offer for multiple items by placing them in the cart (if available) and then completing an immediate payment transaction.
In the case of auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the condition that the buyer is the highest bidder after the offer s duration has ended. The offer expires if another buyer places a higher bid during the offer s duration. (...)
In the event of the seller ending the offer prematurely, a contract is concluded between them and the highest bidder unless the seller had the right to withdraw the offer and cancel current bids.
The buyer may only withdraw a bid in justified cases. After a justified withdrawal of a bid, no contract is concluded between the buyer, who, after the auction ends due to bid withdrawal, becomes the highest bidder again, and the seller.
In some categories, the seller may include a Best Offer feature in their offer. The Best Offer feature allows buyers and sellers to negotiate the price of an item. (...)
If an article is removed from eBay before the offer s duration ends, no effective contract is concluded between the buyer and the seller.
(4) Purchase Using the Buy Now or Bid Function
Clicking the Buy Now or Bid buttons on the article pages does not immediately lead to binding declarations of intent. You also have the option to check your data, correct it, or cancel the purchase using the Back button of your web browser. Once a binding declaration of intent is made, these options cease to exist. The course of the purchase on eBay determines which declaration of intent is binding and what action leads to the conclusion of the contract.
(5) Purchase Using the Shopping Cart (if available)
Clicking the Add to Cart button on the article pages will place the intended purchase items in the shopping cart. Subsequently, the cart will be displayed on the screen, allowing you to review the selected items. Additionally, by using the appropriate button on the navigation bar, you can go to the cart and make changes at any time. Upon entering the Proceed to Checkout page and selecting or entering the delivery address and payment method, all order details will be presented again on the order summary page.
If you choose PayPal as the payment method, you will be redirected to the PayPal login window. After successful authorization in PayPal, you will return to the order summary page on eBay.
Before placing the order, you have the opportunity to review, modify (also using the Back button in the web browser), or cancel the purchase. By clicking the Buy and Pay button, you make a binding declaration of intent, leading to the conclusion of a purchase agreement.
(6) Purchase Using the Best Offer Feature (if available)
In the case of the Best Offer option, you have the opportunity to submit a counteroffer by clicking the Submit Best Offer button on the article page. You can then enter your proposed price, click the Review Best Offer button, and then confirm the submission of the price proposal (binding offer) on the next page. You are bound by this proposal for 2 days. The agreement will be concluded if we accept your price proposal.
(7) Order Fulfillment and the transmission of all contract-related information occur electronically, partially automated, via email. Therefore, it is essential to ensure that the email address provided by you is correct, email reception is technically ensured, and, in particular, is not blocked by spam filters.
§ 3 Right of Retention, Reservation of Ownership
(1) The right of retention can only be applied to claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are a business entity, the following provisions also apply:
a) We reserve the right to ownership of the goods until full satisfaction of all claims arising from the current contractual relationship. Pledging or transferring ownership before the transfer of ownership of the goods is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising for you from further resale, with acceptance of the assignment. You are entitled to collect these claims, but we may also collect them ourselves if you fail to meet your payment obligations properly.
c) In the case of combining or mixing the reserved goods with other items, we acquire co-ownership of the newly created object in relation to the invoice value of the reserved goods compared to the other processed items at the time of combination.
d) We undertake to release, upon your request, the security interest to the extent that the value of the security interest exceeds by more than 10%. The choice of the security interest to be released is at our discretion.
§ 4 Warranty
(1) You are entitled to all statutory warranty rights.
(2) If you are a consumer, please promptly inspect the delivered goods for completeness, visible defects, and transport damage upon receipt of the shipment. However, failure to do so will not affect your statutory warranty rights.
(3) If you are a business entity, the following warranty provisions apply:
a) The quality of the delivered item is based solely on our own information and the product description provided by the manufacturer as agreed characteristics of the goods. We do not accept responsibility for public statements, advertisements, or manufacturer declarations regarding the quality of the goods.
b) In the case of defects, we guarantee, at our discretion, either repair or replacement of the goods. In the event of unsuccessful repair or replacement, you have the right to demand a price reduction or withdrawal from the contract. Repair is considered unsuccessful after two unsuccessful attempts, unless nature of the item or defects or circumstances indicate otherwise.
c) The warranty period for defects for business entities is one year from delivery. The above limitation does not apply to claims for damages caused intentionally or through gross negligence, as well as claims for the violation of life, body, or health resulting from defective goods, for which we are liable without limitations.
d) If we are a party to the contract and the contract is concluded as part of our commercial activity, warranty claims of business entities are excluded in the case of damages resulting from the cost of damage to the goods. If you are a business entity, there is an obligation to inspect the goods for conformity with the contract according to § 377 HGB (German Commercial Code), and any potential defects or damages must be reported to us within 7 days of receiving the goods.
§ 5 Choice of Law
(1) German law applies. If you are a consumer, this law applies only if it does not violate the mandatory provisions of the law of the country in which you usually reside (principle of more favorable regulation).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
§ 6 Personal Data Protection
(1) In areas not covered by § 1 para. 3 of these terms and conditions and related customer information, we commit to complying with the applicable regulations on the protection of personal data. Detailed information on the processing of personal data can be found in our Privacy Policy, available on our website.
§ 7 Final Provisions
(1) If any provision of these terms and conditions is invalid, the remaining provisions remain binding. The invalid provision shall be replaced by the applicable legal provisions.
(2) The contract is governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) The place of performance for deliveries and payments is our registered office, unless the contract stipulates otherwise.
(4) If the customer is a business entity, these terms and conditions accompanying the contract constitute the sole provisions between us and the customer. Any oral or written agreements, prior negotiations, contracts, statements, or commitments have not been made or approved.
(5) Information regarding the protection of personal data and other important customer information can be found in our Privacy Policy and on our website.
We appreciate your understanding and invite you to make use of our services.
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II. Customer Information
Seller s Identity
4Clients - Patryk Lechowski
Warsztatowa 5/004
33-100 Tarnów
Poland
Email: kontakt.4clients@gmail.com
Alternative Dispute Resolution:
The European Commission provides an online platform for resolving disputes outside of court (ODR platform), accessible at https: ec.europa.eu/odr.
Information on Contract Formation
The steps leading to contract formation, the contract itself, and correction options are in accordance with the provisions outlined in our General Terms and Conditions under Contract Formation (Part I).
Contract Language, Storage of Contract Text
3.1. The contract language is English.
3.2. We do not retain the entire contract text. Prior to submitting the order, you can print or electronically save the contract data using your browser s print function. Upon receiving the order, we will re-send the order details, legally required information for distance contracts, and the General Terms and Conditions via email.
Essential Product or Service Features
The crucial features of the goods and/or services are specified in the respective offer.
Pricing and Payment Methods
5.1. The prices in the offers and the associated shipping costs represent total prices, encompassing all components, including applicable taxes.
5.2. Shipping costs are separate and accessible via a designated button on our website or in the respective offer. These costs will be displayed during the ordering process and are additional unless free delivery is guaranteed.
5.3. If delivery extends to countries outside the European Union, additional costs like customs duties, taxes, or money transfer fees may apply, and you are responsible for these. Costs associated with money transfer are applicable even in cases where delivery is to an EU member state but payment originates outside the European Union.
5.4. Accepted payment methods are indicated under a corresponding button on our website or in the respective offer.
5.5. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are immediately due.
Delivery Conditions
6.1. Delivery details, delivery times, and any restrictions can be found under a designated button on our website or in the respective offer.
Unless otherwise stated, goods will be delivered within 3-5 days after the contract s conclusion (for prepayment, after your payment instruction).
6.2. For consumers, the legal provision stipulates that the risk of accidental loss or deterioration of the sold item during shipment passes to them upon delivery, irrespective of insurance. This exemption doesn t apply if consumers independently commission a transport company not named by the seller.
Entrepreneurs assume the risk of delivery and dispatch.
Legal Right of Defects Liability
Defect liability follows the regulations under Warranty in our General Terms and Conditions (Part I).
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To 4Clients - Patryk Lechowski, Warsztatowa 5/004, 33-100 Tarnów. Email: kontakt.4clients@gmail.com
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/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 for communication on paper)
Date
(*) Delete as applicable.
If you participate in the eBay Plus program, commercial buyers (who purchase an item listed under eBay Plus as an eBay Plus member) can also use the sample withdrawal form for the withdrawal declaration.
Privacy Policy
Unless otherwise specified below, the provision of your personal data is neither legally nor contractually required, nor necessary for the conclusion of a contract. You are not obligated to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided in the following processing operations.
Personal data refers to all information related to an identified or identifiable natural person.
Collection, Processing, and Use of Personal Data for Orders
When placing an order, we only collect and use your personal data to the extent necessary for the fulfillment and processing of your order and to handle your inquiries. Providing the data is required for the conclusion of the contract. Failure to provide it means that no contract can be concluded. The processing is based on Art. 6 (1) lit. b GDPR and is necessary for the fulfillment of a contract with you. Your data will not be disclosed to third parties without your explicit consent. Exceptions to this are only our service partners, whom we require to process the contractual relationship, or service providers that we use within the scope of order processing. In addition to the recipients named in the respective clauses of this privacy policy, these may include recipients in the following categories: shipping service providers, payment service providers, merchandise management service providers, service providers for order processing, web hosts, IT service providers, and dropshipping retailers. In all cases, we strictly adhere to legal requirements. The scope of data transmission is limited to a minimum.
Duration of Storage
After complete contract processing, the data is initially stored for the duration of the warranty period, and then, taking into account legal retention periods, especially tax and commercial law, deleted after the expiration of the period, unless you have agreed to further processing and use.
Rights of the Data Subject
Under the conditions of the applicable legal provisions, you have the following rights according to Art. 15 to 20 GDPR: the right to information, correction, deletion, restriction of processing, and data portability.
Additionally, according to Art. 21 (1) GDPR, you have the right to object to processing based on Art. 6 (1) f GDPR, as well as to processing for the purpose of direct marketing.
Contact us if you wish. You can find the contact details in our imprint.
Right to Lodge a Complaint with the Supervisory Authority
According to Art. 77 GDPR, you have the right to lodge a complaint with the supervisory authority if you believe that the processing of your personal data is not lawful.
