General terms and conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our eBay shop. These Terms and Conditions 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, options for corrections
2.1 Contractual partner
The contract is concluded with GHS-wäscherutsche, Ing. Gerold Hannes Schmierer.
2.2 Formation of contract
Auction format If we place a product in the auction or fixed-price format, we are making a binding offer to conclude a contract for that product. 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 been reached yet. 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 place an article in the fixed-price format, we are making a binding offer to form a contract for that product. You accept the offer by clicking on the “Buy It Now” button and then confirming finally. With fixed-price products, for which we have selected the “Immediate payment” option, you accept the offer by clicking on the “Buy It now” button and completing the subsequent payment process. You may also accept offers for several products by (if available) placing the products in the shopping cart and completing the subsequent payment process. Best offer option If the “Make offer” button is available in one of our offers under the Buy It Now price, you may offer a price to us, at which you would buy the product. We may accept, reject or make a counter-offer to your offer. If you make a price offer, you are providing a binding offer to conclude a contract for this product at the price that you have suggested. Your price offer 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 offer basically only applies to the price for the offered product.
2.3 Correction options
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 language(s) available for concluding the contract: German
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
Delivery options We ship the products to the delivery address specified in the order process.
You are entitled to collect your order from GHS-wäscherutsche, Ing. Gerold Hannes Schmierer, Schachadorf 7/3, 4552 Wartberg an der Krems, Österreich during the following hours of business: Montag, Dienstag, Donnerstag 08:00 - 12:00 bitte vorher anrufen
5. Payment
The following payment methods are basically available in our shop. The payment is processed by eBay.
PayPal In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ( PayPal ), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. Directly after submitting your order, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Apple Pay In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Google Pay In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Credit Card With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
Direct debit via RatePAY If you have selected direct debit via RatePAY, you do not need to be registered with RatePAY to pay the invoice amount. With confirmation of the payment instruction, you are granting RatePAY a direct debit mandate. RatePAY will inform you of the date the account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, RatePAY requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further information during the ordering process.
Sofort by Klarna After submitting your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, legitimize yourself accordingly and confirm the payment order to eBay. Further information can be found during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The product shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the product 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. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. 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.
9. Warranty and guarantees
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. 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.
Applicability of the statutory guarantee provisions Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply. The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the event of injury to life, limb or health in case of intentional or grossly negligent breach of duty as well as fraudulent intent in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the scope of a voluntary guarantee, if agreed, or within the scope of application of the Product Liability Act (Produkthaftungsgesetz). Restrictions in relation to businesses In relation to businesses, only our own specifications and the manufacturer s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. Note to merchants ( Kaufleute in accordance with HGB - German Commercial Code) Among merchants ( Kaufleute ), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
10. 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.
11. Code of conduct
We have submitted to the following codes of conduct:
Trusted Shops Qualitätskriterien (https: www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
12. 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. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
13. 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.
AGB erstellt mit dem Trusted Shops Rechtstexter
