General Terms And Conditions
General Terms and Conditions
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented is Michael Winter, Hansastr. 19, 40764 Langenfeld, phone +49 2173 8496210, e-mail firstname.lastname@example.org (referred to hereinbelow as the “vendor” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the vendor and the respective customer. The vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The vendor is offering the merchandise presented for sale. The colors of the merchandise shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(3) The vendor shall deliver the merchandise to destinations in Germany, Austria, Belgium, Switzerland, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, United Kingdom, Greece, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain and Sweden.
(4) The vendor is making a binding sales offer for the merchandise presented. The customer can accept the offer in the ways described below.
(5) Where the merchandise is offered within an eBay auction, the customer accepts the offer by placing a bid (button “bieten”); the contract is concluded under the condition precedent that there is no higher bid by another person until the end of the auction and no other person purchases the merchandise using the “Sofort kaufen” option (Buy it now). The eBay auction is not an auction according to Section 156 of the German Civil Code but rather a distance contract.
(6) Where the merhandise is offered with a “Sofort kaufen” (Buy it now) option the customer accepts the offer at the fixed price by clicking on the button “Sofort kaufen”; in this case the contract is concluded before the regular end of the auction. In deviation herefrom, the button leading to the conclusion of the contract is labeled “Kaufen und zahlen” (Buy and pay) where the customer uses the “als Gast kaufen” option (buy as guest without an ebay account) or where the customer has placed the merchandise into the “Warenkorb” (Shopping cart).
(7) Where the sales offer displays the option “Preis vorschlagen” (Make offer) the customer can make a price proposal to the vendor. For the customer the price proposal shall be binding for 48 hours. During this period of time the vendor can accept the offer or make a counter-proposal which again shall be binding for 48 hours. The contract is concluded once the vendor or the customer accepts the other party’s price proposal.
(8) In any case given in par. 5-7 eBay will again display the data entered, especially the purchase price or the placed bid, before the buyer transmits a binding declaration. Thus, the buyer can double-check the entered data and chose whether to confirm them and transmit the binding contractual declaration, or to take a step back in order to correct the entered data.
(9) Once the contract is concluded the customer will receive an e-mail confirming the conclusion of the contract and the details of the purchase (contract confirmation).
(10) Where the customer is logged into his eBay account when purchasing, the content of the contract concluded is stored within the customer’s eBay user account and is examinable for the customer via the eBay website (www.ebay.de) within the “Mein eBay” (My eBay) menue and the item “Übersicht Ihrer Käufe” (Purchase History) at any time. In case the customer concludes the contract “als Gast” (as a guest), the customer shall receive the content of the contract by email with the contract confirmation; there will be no other means for the customer to check the content of the contract, so the customer is advised to keep the e-mail for future reference. In any case, eBay shall save the content of the contract in the Vendor’s eBay account. Beyond that, the Vendor neither saves the content of the contract by himself nor does he provide access to it outside the eBay platform.
(11) The vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices – including bids and price proposals – are end prices plus shipping costs.
(2) The shipping costs are listed in the respective product description in the section “Versand und Zahlungsmethoden” (Postage and payments).
(3) Where deliveries are made to Liechtenstein, Norway and Switzerland, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the vendor has no means of influencing them.
(4) The vendor shall deliver the merchandise – at the selection of the customer – against pre-payment using PayPal, against pre-payment by bank transfer or against cash payment at pick-up. Further means of payment may be available; please check the “Versand und Zahlungsmethoden” section (Postage and payments) in the respective product description. The customer will be provided with detailed information on payment and shipping in the contract confirmation e-mail.
(5) For payments using PayPal, the customer receives a link to the PayPal online service, from where payment can be made. For bank transfers, bank account details will be provided. According to the eBay Terms and Conditions, the vendor’s payment claim may be assigned to eBay. In such a case, PayPal payments and bank transfers must be made to eBay. The customer will be informed accordingly in the contract confirmation.
(6) Where the customer has selected Cash Payment (Barzahlung) as the form of payment, the merchandise can be picked up at the vendor’s registered seat against cash payment.
(7) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the vendor shall reserve the merchandise so ordered for the customer. The vendor reserves the right to rescind the sale contract and to sell the merchandise to others if the customer gets into default. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
(8) The vendor may offer purchase on invoice as additional payment method. In case the customer choses this option - as far as available - the vendor assigns his purchase price claim to PayPal (Europe) S. à r. l. et Cie, S.C.A., who will invoice the customer for his purchase and to whom payment has to be made within in two weeks after reception of the invoice.
Section 4 – Shipment, delivery periods
(1) The vendor shall ship merchandise subject to pre-payment only after the customer’s payment is made.
(2) The delivery period depends on the selected method of delivery and the distance to the customer. The estimated delivery period is stated in the respective product description under “Versand und Zahlungsmethoden” (Postage and payments).
(3) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
(4) Where the customer has selected “Cash Payment” (Barzahlung) as the form of payment, the merchandise will not be shipped. Instead, the customer may pick up the merchandise from the vendor’s business premises.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The vendor shall grant all consumers an extended revocation period of 1 month; this will not restrict the consumer’s statutory rights.
(3) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(4) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence in Switzerland also in those cases in which Swiss law does not provide for a right of withdrawal.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.