General terms and conditions for this offer
§ 1 Scope, subject matter and identity of the seller
(1) The following provisions apply to all contracts between us, namely
01968 Senftenberg OT Kleinkoschen
as seller, and you as buyer about the sale and delivery of the items offered by us on the internet platform eBay.
§ 2 Consumers and entrepreneurs
(1) Our offers are aimed at both consumers and entrepreneurs.
(2) A consumer in this sense is any natural person who concludes a contract with us for purposes that cannot be predominantly attributed to his commercial or independent professional activity.
(3) An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding the contract with us, acts in the exercise of his commercial or independent professional activity.
§ 3 Agreements and information on the conclusion of the contract
(1) The individual technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the following provisions.
(2) If an item is posted by us on eBay, the activation of the item page on eBay is the binding offer to conclude a purchase contract under the conditions contained in the item page.
(3) For the conclusion of the contract the eBay-AGB are valid. A link to the eBay terms and conditions can be found on every eBay page below.
In the eBay terms and conditions the conclusion of the contract is regulated as follows depending on the respective format of the offer:
“§ 6 Offer formats and conclusion of contract (…)
2. If a seller uses the eBay services to list an item in auction or fixed-price format, he or she makes a binding offer to conclude a contract for this item. In doing so, he or she 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 condition precedent that the minimum price is reached.
3. The seller can additionally provide offers in auction format with a buy-it-now function. This can be used by a buyer as long as no bid has been placed on the item or a minimum price has not been reached. eBay reserves the right to change this function in the future. (…)
4. In the case of fixed-price items, the buyer accepts the offer by clicking on the “Buy Now” button and then confirming. In the 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 payment process immediately following. The buyer can also accept offers for several items by placing the items in the shopping cart (if available) and completing the immediately following payment process.
5. In auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the bidding period. A bid expires if another buyer makes a higher bid during the offer period. (…)
6. In the event of premature termination of the offer by the seller, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the present bids.
7. Buyers can only withdraw bids if there is a justified reason for doing so. After a justified 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 provide his offer with a price suggestion function. The price suggestion function enables buyers and sellers to negotiate the price for an item. (…)
11. If an item is deleted by eBay before the end of the offer period, there is no effective contract between buyer and seller.”
(4) Purchase via the “Buy now” or “Bid” function
By clicking on the buttons “Buy now” or “Bid” on the article pages, you do not yet make a binding contract declaration. Even after this, you have the opportunity to check the information you have provided and to correct or cancel the purchase using the “Back” function of your Internet browser. This option is only no longer available once you have submitted a binding contractual declaration. The action by which you make a binding contract declaration when making a purchase and the contract is concluded is determined by the menu navigation of eBay.
(5) Purchase via the shopping cart
If a purchase is offered via the shopping cart, place the goods you intend to purchase in the “shopping cart” by clicking the “Add to cart” button on the article page. The “shopping cart” is then displayed. Furthermore, you can call up the “shopping basket” by clicking on the corresponding button in the navigation bar and make changes there at any time. After you have called up the “Continue to checkout” page, entered the delivery address and selected the payment method, all order data will be displayed again on the order overview page.
If you select “PayPal” as your payment method, you will first be taken to a PayPal log-in window. After you have successfully registered with PayPal, you will be redirected to the order overview page on eBay.
Before you send the order, you have the possibility to check all details again, to change them – this can also be done via the “back” function of your internet browser – or to cancel the purchase.
If you click on the “Buy and pay” button, you declare the acceptance of the offer to be legally binding. The purchase contract is thereby concluded.
(6) Purchase via the “Price suggestion” function
As far as the function “price suggestion” is offered, you have the possibility to submit a counter offer to us. This is done by clicking on the “Send price suggestion” button on the article page, entering your price suggestion on the following page, selecting the “Check price suggestion” button and confirming the “Send price suggestion” button on the following page. This represents a binding offer. You are bound to the price proposal sent to us for two days. If we accept your price proposal, the purchase contract is concluded.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail. You are therefore obliged to ensure that the e-mail address you provide us with is correct and that the receipt of e-mails is technically ensured, i.e. in particular that it is not blocked by SPAM filters, for example.
§ 4 Storage of the contract text and language of the contract
(1) The complete text of the contract is not stored by us. Before you send the order, you can print or electronically save the contract data using the print function of your Internet browser. After your order has been received by us, the order data, the General Terms and Conditions including the information required by law for distance contracts will be sent to you again by e-mail.
(2) The language available for the conclusion of the contract is German.
§ 5 Essential characteristics of the goods
You will find the essential characteristics of the goods in the item description of the respective offers.
§ 6 Prices, shipping costs, return costs in case of revocation and terms of payment
(1) The purchase prices mentioned on the respective article pages to be paid by you include the legal value added tax.
(2) With each order additional shipping costs are incurred. They can be called up via a correspondingly marked button in the respective item description, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
(3) In the event of cancellation, you shall bear the direct costs of returning the goods.
(4) The available payment methods are listed in the respective item description.
(5) Unless otherwise stated for the individual payment methods, the purchase price to be paid by you is due for payment immediately.
(6) If a purchase on account is made via PayPal, we assign our claim against you in full and irrevocably to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à r.l. et Cie, S.C.A. will carry out a credit check using the data transmitted before accepting the assignment. We reserve the right to refuse you this method of payment as a result of the credit assessment. You will be informed about this in the eBay checkout process. If the purchase on account via PayPal is approved, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A. The payment period is 14 days from receipt of the goods.
§ 7 Terms of delivery
The terms of delivery, the delivery date as well as any existing delivery restrictions can be found in the respective article description. As far as no other period is indicated in the article description, the delivery of the goods takes place within three to five days after conclusion of the contract, however, with agreed prepayment only after the time of your payment instruction.
§ 8 Warranty
The statutory rights of liability for defects exist for the goods.
§ 9 Guarantees
On the respective item pages and on special information pages in the eBay shop, you will find information about any additional guarantees that may exist and their exact conditions.
§ 10 Dispute resolution / OS platform
(1) The European Commission offers consumers a platform for out-of-court online dispute resolution (the so-called OS platform) at https://ec.europa.eu/consumers/odr/ to which consumers can turn in the event of disputes in connection with a purchase or service contract concluded online via electronic commerce.
(2) We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.