Neu: Neuer, unbenutzter und unbeschädigter Artikel in nicht geöffneter Originalverpackung (soweit ... Neu: Neuer, unbenutzter und unbeschädigter Artikel in nicht geöffneter Originalverpackung (soweit eine Verpackung vorhanden ist). Die Verpackung sollte der im Einzelhandel entsprechen. Ausnahme: Der Artikel war ursprünglich in einer Nichteinzelhandelsverpackung verpackt, z. B. unbedruckter Karton oder Plastikhülle. Weitere Einzelheiten im Angebot des Verkäufers. Alle Zustandsdefinitionen ansehenwird in neuem Fenster oder Tab geöffnet
Type
Turntable Parts
Brand
Audio Technica
Sub-Type
Headshells
EAN
5055145748282
MPN
AT-HS 1 P
Artikelbeschreibung des Verkäufers
Rechtliche Informationen des Verkäufers
Thakker GmbH & Co. KG
Alexander Wenning
Kirchhellener Strasse 9a
Hinterhaus
46236 Bottrop
Germany
Kontaktinformationen anzeigen
:nofeleT12070114020
:liaM-Eed.rekkahtmailliw@ku_yabe
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 .
USt-IdNr.:
DE 297574214
Die Mehrwertsteuer wird auf meinen Rechnungen separat ausgewiesen.
Allgemeine Geschäftsbedingungen für dieses Angebot
Standard Business Terms and customer information/ Specimen-revocation form /
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
(Thakker GmbH & Co. KG) via the eBay 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 eBay, the activation of the supply-side domain at eBay 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 eBay SBT, especially § 6, are applicable for concluding the contract; a corresponding link is available
below on every eBay page.
The contract conclusion is regulated there as follows depending on the offer format:
Ҥ 6 Offer formats and contract conclusion
(...)
2. If a seller sets up an item in the auction or fixed-price format using the services of eBay, he makes a binding
offer associated with the conclusion of a contract about this item. He thereby determines a start or fixed price and
a deadline, within which the offer can be accepted (bidding period). If the seller specifies a minimum price in the
auction format, the offer is then under the suspensive condition that the minimum price is reached.
3. The seller can also add a “Buy-now” function to offers in the auction format. This can be exercised by a buyer
as long as there was no bidding on the item or a minimum price was not yet reached. eBay reserves the right to
change this function in future.
(...)
4. In case of fixed price items, the buyer accepts the offer by clicking the “Buy now” button and subsequently
confirming the same. In case of fixed price items for which the seller has selected the “Immediate payment”
option, the buyer accepts the offer by clicking the “Buy now” button and completing the immediate payment
transaction. The buyer can also accept offers for several items by placing the items in the shopping cart (if
available) and completing the immediate payment transaction.
5. The buyer accepts the offer through bidding during auctions. The acceptance is done under the suspensive
condition that the buyer is the highest bidder at the end of the bidding period. A bid lapses if another buyer makes
a higher bid during the bidding period. (...)
6. In case of premature termination of the offer by the seller, a contract is concluded between it and the highest
bidder, unless the seller was authorised to withdraw the offer and cancel the existing bids.
7. Buyers can withdraw bids only if there is an authorised reason for it. After an authorised bid withdrawal, no
contract is concluded between the user, who is again the highest bidder at the end of the auction owing to the bid
withdrawal and the seller.
8. The seller can add a Proposed price function to his offer in certain categories. The Proposed price function
allows buyers and sellers to negotiate the price for an item. (...)
11. If an item is deleted from eBay before the expiry of the bidding period, no effective contract is concluded
between the buyer and seller.”
(4) Purchasing via the “Buy now” or “Offer” function
Clicking the “Buy now” or “Offer” button on the item pages still does not result in binding contractual declarations.
Rather, you also then have the option to check your entries and rectify them using the “Back” button of the
Internet browser or cancel the purchase transaction. This option is no longer available only with the issue of the
binding contractual declaration. The menu navigation for eBay that is associated with the execution of a purchase
operation specifies the declaration through which you enter into an obligation and the action through which the
contract is concluded.
(5) Purchase using the shopping cart (if offered)
By clicking the “In den Warenkorb” (“In the shopping cart”) button provided on the product sites, the items
intended for sale are dropped in the “Warenkorb” (“Shopping cart”). The “Warenkorb” (“Shopping cart”) will be
displayed to you subsequently. Furthermore, you can call the “Warenkorb” (“Shopping cart”) via the
corresponding button in the navigation bar and make changes to it at any point in time. After calling the “Weiter
zur Kaufabwicklung” (“Proceed to purchase transaction”) and the selection or entry of delivery address and the
mode of payment, all order data will once again be displayed on the order overview page.
If you select “PayPal” as the type of payment, you will be first led to a login window of PayPal. After a successful
login at PayPal, you will be forwarded to the order overview page on eBay.
Before submitting the order, you have the option to verify or change (even using the “back” of the Internet
browser) all your details once again or to cancel the purchase.
By clicking the “Kaufen und zahlen” (“Purchase and pay”) button, you declare the acceptance of the offer in a
legally binding way, because of which the purchase contract is executed.
(6) Purchasing via the “Proposed price” function
The “Proposed price” function makes it possible for you to make us a counter-offer by clicking the “Send
proposed price” button on the item page, entering your proposed price on the following page, clicking the “Check
proposed price” button and confirming with the “Send proposed price” button on the following page (binding offer).
You are bound to this proposed price for 2 days. The contract is concluded when we accept your proposed price.
(7) 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 Special agreements related to the offered payment methods
(1) Purchase on account via PayPal
If the ‘purchase on account via PayPal’ payment method is used, we irrevocably transfer our entire payment claim
against you to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You
understand that before the cession is accepted, PayPal (Europe) S.à r.l. et Cie, S.C.A. uses the transferred data
to carry out a credit assessment.
We reserve the right to refuse, on the basis of the result of the credit assessment, to allow you to use this
particular payment method. You shall be notified to that effect within the framework of the eBay purchase
transaction.
In case the ‘purchase on account’ payment method is permitted, PayPal (Europe) S.à r.l. et Cie, S.C.A. shall
accept the cession. In such a case, debt-discharging payments can only be made to PayPal (Europe) S.à r.l. et
Cie, S.C.A. The payment period amounts to 14 days after the receipt of the respective goods.
§ 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.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been
settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before
ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the
claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation
to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However,
insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the
claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire
co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the
invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the
extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are
responsible for selecting the securities to be released.
§ 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) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are
the only things that represent the properties and condition of the product in question. Other advertisements,
blurbs and statements issued by the manufacturer are not considered to be representative of the properties and
condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the
defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion.
The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in
particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the
additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the
transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit
does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by
wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were
caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 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