General terms and conditions

General terms and conditions

for our offer

§ 1 Scope, subject matter of the contract and identity of the seller

(1) The following provisions shall apply to all contracts between us, viz.

Shanghai Pharmaceutical Machinery Co., Ltd
No, 78, Building 250, Ai Guo road, Shanghai

Phone: +49 160 979 116 53

as seller, and you as buyer about the sale and delivery of the items offered by us via the Internet platform eBay.

§ 2 Consumer and entrepreneur

(1) Our offers are directed at both consumers and entrepreneurs.

(2) A consumer in this sense is any natural person who enters into a contract with us for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

(3) An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract with us.

§ 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 correction options shall take place in accordance with the following provisions.

(2) If an item is placed 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 terms and conditions apply. A link to the eBay GTC can be found at the bottom of every eBay page.

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 places an item in the auction or fixed price format using the eBay services, he makes 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 period). 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 the auction format with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this function in the future. (...)
For fixed-price items, the buyer accepts the offer by clicking the "Buy it now" button and then confirming. For fixed price items where the seller has selected the option "immediate payment", the buyer accepts the offer by clicking the button "Buy it now" and completing the immediately following payment process. The Buyer may also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately following payment process.
In the case of 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 offer period. A bid expires if another buyer submits a higher bid during the bidding period. (...)
6. in case of early 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.
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 auction expires due to the bid withdrawal, and the seller.
8. in certain categories the seller can add a price suggestion function to his offer. The price suggestion function allows buyers and sellers to negotiate the price for an item. (...)
11. if an item is deleted from eBay before the end of the listing period, no effective contract between buyer and seller is concluded."

(4) Purchase via the "Buy it now" or "Bid" function

By clicking on the "Buy it now" or "Bid" buttons contained on the item pages, you do not yet make a binding contractual declaration. Even after this, you have the option to check the information you have provided and to correct it using the "Back" function of your internet browser or to cancel the purchase. This possibility only ceases to exist once you have made a binding contractual declaration. The action by which you make a binding contractual declaration when making a purchase and by which the contract is concluded is determined by eBay's menu navigation.

(5) Purchase via shopping cart

If a purchase is offered via the shopping cart, you place the goods intended for purchase in the "shopping cart" by clicking the "Add to cart" button contained on the article page. The "shopping cart" will then be displayed. Furthermore, you can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After you have called up the "Continue to checkout" page and entered the delivery address and selected the payment method, all order data will be displayed again on the order overview page.

As far as you select "PayPal" as payment method, you will first be led to a log-in window of PayPal. After you have successfully logged in to PayPal, you will be redirected to the order overview page at eBay.

Before you send the order, you have the possibility here to check all the information again, to change - this also via the "Back" function of your Internet browser - or to cancel the purchase.

When you click the "Buy and pay" button, you declare legally binding acceptance of the offer. This concludes the purchase contract.

(6) Purchase via the "Price suggestion" function

Insofar as the "price proposal" function is offered, you have the option here to submit a counter-offer to us. This is done by clicking the "Send price proposal" button on the item page, entering your price proposal on the following page, selecting the "Check price proposal" button and confirming the "Send price proposal" button on the following page. This constitutes 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 shall take place by e-mail. You are therefore obliged to ensure that the e-mail address you provide to us 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 contract text will not be stored by us. Before you send the order, you can print out the contract data via the print function of your internet browser or save it electronically. After we have received your order, 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

The main characteristics of the goods can be found in the item description of each offer.

§ 6 Prices, shipping costs, return costs in case of revocation and terms of payment

(1) The purchase prices stated on the respective item pages to be paid by you include the statutory value added tax.

(2) Additional shipping costs are incurred for each order. They can be called up via a correspondingly designated button in the respective item description, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free delivery is promised.

(3) In the event of revocation, 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 in the individual payment methods, the purchase price payable 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. may perform a credit check using the submitted data prior to accepting the assignment. We reserve the right to refuse you this payment method as a result of the credit check. You will be informed about this in the eBay checkout process. If the purchase on account via PayPal is allowed, 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 Delivery conditions

The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective item description. Unless otherwise stated in the item description, the goods will be delivered within three to five days after conclusion of the contract, but in case of agreed advance payment only after the date 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 store you will find information on any additional warranties and their exact conditions.

§ 10 Dispute Resolution / OS Platform

(1) The European Commission offers a platform for consumers to settle disputes out of court online (so-called ODR platform) at to which the consumer can turn in case of disagreement in connection with a purchase or service contract concluded online via electronic commerce.

(2) We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.