General Terms And Conditions
1. General
1.1 Customers within the meaning of these general terms and conditions (GTC) can be both consumers and entrepreneurs.
1.2 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
2. Offer, conclusion of contract
2.1 eBay
2.1.1 The contract is concluded in accordance with Section 6 of the eBay GTC, which reads as follows in extract:
Section 6 Offer formats and conclusion of contract
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2. If a seller lists an item in auction or fixed price format using the eBay services, they make a binding offer to conclude a contract for this item. In doing so, he determines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the suspensive condition that the minimum price is reached.
3. The seller can also provide offers in the auction format with a Buy Now function. This can be exercised by a buyer as long as no bid has been made on the item or a minimum price has not yet been reached. [...]
4. For fixed-price items, the buyer accepts the offer by clicking the "Buy Now" button and then confirming. For 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 payment process that immediately follows. The buyer can also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the payment process that immediately follows.
5. For auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder after the end of the offer period. A bid expires if another buyer makes a higher bid during the offer period. […]
6. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user, who is again the highest bidder after the end of the auction due to the bid withdrawal, and the seller.
8. In certain categories, the seller can add a price suggestion function to their offer. The price suggestion function enables buyers and sellers to negotiate the price for an item. […]
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11. If an item is deleted from eBay before the end of the offer period, no effective contract is concluded between the buyer and seller.
Note: The complete eBay terms and conditions can be found on the eBay homepage in the footer.
2.1.2 The individual technical steps the customer must take to submit their offer on eBay depend on the offer format:
Auction procedure
During the auction procedure, the customer first enters the amount of their maximum bid in the field labeled "Enter your maximum bid" on the seller's offer page. Next, the "Bid" button must be confirmed. The customer is then asked by eBay to check and confirm the bid entered. The maximum bid entered by the customer is stated and the customer receives the following message:
"Your bid is binding. If you click on Confirm bid and are the highest bidder, you enter into a legally binding contract with the seller. The full item description can be found below."
The customer can then either confirm his bid or change the bid.
Offer to unsuccessful bidders
In the so-called offer to unsuccessful bidders process, the customer first receives a message from eBay by email with the subject "Offer to unsuccessful bidders".
The customer has two buttons available in the email: "View item" and "Reply now". Depending on the selection, the steps provided by eBay must be followed. Finally, the customer can click on the "Buy" button.
Buy now, shopping cart function
In the buy now process, the customer first clicks on the "Buy now" button on the seller's offer page or, if the customer wants to buy several items as part of an order process, on the "Add to shopping cart" button and then goes through the other sections specified by the eBay online marketplace. The customer can choose whether to log into their existing eBay account to place the order, whether to create a new eBay account for their order, or whether to place their order as a so-called "guest" without registering with eBay. In the next step, eBay asks the customer to "check and buy". The item is mentioned again, as well as the price, the shipping offered, information on delivery and payment. The customer can then click on "Buy" or, if ordering as a "guest" and/or if ordering via the shopping cart function, click on the "Buy and pay" button. Below the "Buy" button there is this note for the customer:
"If you click on Buy, you are entering into a legally binding contract with the seller.
To cancel the transaction, press the "Back" button on your browser to return to the item page."
Price suggestion
With the so-called price suggestion process, the customer first clicks on the "Send price suggestion" button on the seller's offer page. Another window then opens with the heading "Suggest price", where the price to be suggested by the customer can be entered in a field. The customer can then click on "Check price suggestion". Another window will then open: "Check and confirm price suggestion". The customer can now either send their price suggestion by clicking on "Send price suggestion" or change their price suggestion by clicking on "Edit price suggestion".
The seller has several options for responding to the price suggestion. He can immediately accept, immediately reject or reconsider the customer's price proposal (i.e. accept, reject or reject it with a counter offer within the maximum period of 48 hours shown on the page.
If the price proposal is rejected by the seller, the customer can again submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the price proposal submitted with a counter offer, the customer can accept, reject or reject the seller's new offer with a counter offer within the maximum period of 48 hours shown on the page by clicking on the "Accept price proposal" button. In the latter case, the previously mentioned steps must be completed again.
2.1.3 In all procedures mentioned under 2.1.2, the customer can recognize, check and correct his entries as follows:
After clicking on the button (e.g. "Bid", "Buy now", "Add to cart", "Price Suggest", "Review price suggestion" or "Send new price suggestion"), the customer can check his entries again on the subsequent confirmation page. If the customer wishes to change his entries, he can either go to the previous eBay item page by clicking on the "Back" button on his browser or cancel the process by leaving the website and accessing the eBay item page again later. The customer can then correct any input errors using the usual keyboard / cursor functions in the respective input fields.
2.2 Online shop
The products and services listed by the seller in the online shop do not represent binding offers for the seller; rather, they are an invitation to the customer to make a binding offer by placing an order.
By sending the order from the "virtual shopping cart", the customer places a binding order for the items contained therein. The seller will immediately confirm receipt of this order to the customer by email.
The purchase contract is concluded with the express acceptance of the order in text form or delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days of receipt of the order.
3. Prices, shipping costs
3.1 All prices stated are total prices including VAT or differential taxation according to Section 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. Retention of title
The goods delivered by the seller remain the property of the seller until full payment has been made.
5. Means of payment; delivery; delivery restrictions; Shipping costs; transfer of risk
5.1 You can find the payment methods we accept on our website. Delivery is made at the shipping costs shown in the item description. We will point out any delivery restrictions if they exist.
5.2 If the customer is a consumer, the seller bears the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of shipping are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.
6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our terms and conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of cancellation does not apply. The following applies to consumers (any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity):
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform me
Mr. Volker Polte
Finkenstraße 34
47929 Grefrath-Oedt
Telephone: 0151 - 56102162
Fax: 02158 - 4059087
E-mail: info@f-s-h.com
by means of a clear statement (e.g. a letter sent by post, telephone, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
The address for returning goods, however, is:
FSH Versandlager
Oppumer Str. 90
47799 Krefeld
To meet the cancellation deadline, it is sufficient that you send the notification of exercising the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
Mr. Volker Polte
Finkenstraße 34
47929 Grefrath-Oedt
Fax: 02158 - 4059087
E-mail: info@f-s-h.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the
following goods (*) ………………………………………………………………………………
ordered on (*) ………………………………………………………………………………
received on (*) ………………………………………………………………………………
Name of the consumer(s) ……..……………………………………………………………….
Address of the consumer(s) ………………………………………………………………….
Date, signature of the consumer(s)
______________________________________
(*) Delete as appropriate.
Address for returns of goods:
FSH Versandlager
Oppumer Str. 90
47799 Krefeld
7. Notes
7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
• Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
• Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,
• Contracts for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely, unless the parties have agreed otherwise, for the following contracts:
• Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery,
• Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
7.2 Please avoid damaging or contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to ensure adequate protection against transport damage.
7.3 Please note that the aforementioned paragraph 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation for value in the event of cancellation
In the event of cancellation of the contract, the customer must pay compensation for a loss in value of the goods, contrary to Section 346 Paragraph 2 No. 3 of the German Civil Code, if the loss in value is due to handling of the goods that was not necessary to check the quality, properties and functionality of the goods, and we have informed the customer of his right of cancellation in accordance with Article 246a Section 1 Paragraph 2 Sentence 1 No. 1 of the Introductory Act to the German Civil Code.
9. Liability for defects, warranty rights, liability
All of our goods are subject to statutory liability for defects. The statutory provisions apply to liability and warranty. Any guarantees do not limit statutory warranty claims.
10. Consumer information for distance selling contracts for the purchase of goods
10.1 The seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential characteristics of the goods offered by the seller and the duration of validity of limited offers can be found in the individual product descriptions on the website. The language available for concluding the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address provided in the provider identification. Information on payment, delivery or fulfillment can be found in the offer.
10.4 In the online shop, you first place the selected goods in the shopping cart. Once you have selected all the items you want, you can go to the checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you can either create a new customer account or order without registering. In both cases, you must first provide your contact details. You can then enter a different delivery address if necessary and select the desired shipping and payment method and finally place your order by clicking on the "Order with payment" button. Until then, you have the opportunity to recognize and check your entries and, if necessary, correct them by pressing the "Back" button on your browser on the previous page or to cancel the order process by leaving the page.
10.5 Storage of the contract text on the eBay online marketplace
The seller does not save the contract text itself after the contract has been concluded and the seller does not make the contract text available to the customer. However, the contract text is archived on eBay and can be accessed free of charge by the customer for a period of 90 days after the contract has been concluded at www.ebay.de, specifying the corresponding article number. To display the article page with the contract text, the customer can enter the corresponding article number in the search field on the eBay homepage and click on the "Find" button. The relevant website can be printed out using the print function of your browser. After the contract has been concluded, you will automatically receive an email with further information on how to process the contract. You can also save the contract text by right-clicking and saving the website on your computer. However, since the seller has no influence on the duration of storage of the eBay website, it should be noted that, in accordance with the eBay General Terms and Conditions, members themselves are responsible for archiving information that can be viewed using eBay services and stored by eBay and that they need for the purposes of securing evidence, bookkeeping or other purposes on a storage medium that is independent of eBay. 10.6 Storage of the contract text in the online shop
The seller does not save the contract text itself after the contract has been concluded and the seller does not make the contract text available to the customer. However, after the contract has been concluded, we will send the customer an order confirmation with all the information to the email address you provided, in which you will be informed again of all the essential data about your order, our general terms and conditions and your cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data you entered during the ordering process. You can also print out the contract text using the print function in your browser. You can also save the contract text by right-clicking on the website to save it on your computer. After the order has been processed, the contract text is no longer accessible to you.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable legal regulations and rights in favor of the consumer under the law of the customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 If the aforementioned provisions have not become part of the contract in whole or in part or are invalid, the rest of the contract remains valid. If the provisions have not become part of the contract or are invalid, the content of the contract is governed by the statutory provisions.
12. Information for consumers on out-of-court dispute resolution
12.1 Obligation to provide information under the ODR Regulation (Article 14 Paragraph 1 ODR Regulation)
Link to the EU Commission's platform for online dispute resolution: http://ec.europa.eu/consumers/odr
My email address is: info@f-s-h.com
12.2 Obligation to provide information under the Consumer Dispute Resolution Act (Section 36 VSBG)
I am not obliged and fundamentally unwilling to participate in a dispute resolution procedure before a consumer arbitration board.