General terms and conditions and customer information/data protection declaration
I. General terms and conditions
§ 1 Basic provisions
1) The following terms and conditions apply to contracts that you conclude with us as a provider (Krystian Zebrowski) via the eBay or CATCH by eBay internet platform. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If we list an item on eBay or CATCH by eBay, the activation of the offer page on eBay or CATCH by eBay constitutes a binding offer to conclude a contract under the conditions contained in the item page.
(3) The contract is concluded via the various online purchase functions (if offered on the respective item page) as follows:
a) Purchase via the Buy It Now function
After clicking the Buy It Now button on the item page, you can log into your existing eBay account or first create a new eBay account. In the next step, you will be taken to the Shipping to query mask, in which your stored personal data is already entered. You can then select the payment method.
If provided by us, you can alternatively place the order as a guest by clicking on the corresponding button. In the next step, enter your personal data in the Shipping to query mask and select the payment method.
The order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as a payment method, you will either be taken to the order overview page on the eBay website or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or, after you have been redirected back to eBay, on the eBay website.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the back function of the Internet browser) or canceling the order.
By submitting the order using the corresponding button (Buy, Pay now or similar name), you declare your legally binding acceptance of the offer, which concludes the contract.
b) Purchase using the Add to cart function
By clicking the Add to cart button on the item page, the goods intended for purchase are placed in the shopping cart. The shopping cart will then be displayed. Alternatively, you can access the shopping cart using the corresponding button (shopping cart symbol) in the navigation bar and make changes there at any time.
After clicking the Checkout or “Checkout now securely” button in the shopping cart view, you can log into your existing eBay account or first create a new eBay account. In the next step, you will be taken to the “Shipping to” query screen, in which your stored personal data is already entered. You can then select the payment method.
If provided by us, you can alternatively place the order as a guest by clicking the corresponding button. In the next step, enter your personal data in the “Shipping to” query screen and select the payment method.
The order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as your payment method, you will either be taken to the order overview page on eBay’s website or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or, after you have been redirected back to eBay, on the eBay website.
Before sending the order After placing the order, you have the option of checking the details in the order overview again, changing them (also using the back function of the Internet browser) or canceling the order.
By submitting the order using the corresponding button (Buy, Buy now , Pay now or similar name), you declare your legally binding acceptance of the offer, which brings about the conclusion of the contract.
c) Purchase using the Bid function
With the Bid function, you can place a bid within the period in which our offer can be accepted by bid (offer duration), taking into account the bidding increments (increments) set by eBay. If we have set a minimum price, your bid must reach this minimum price in order to be considered.
After entering your bid amount (maximum bid) and clicking the Bid button on the item page, you log in to your existing eBay account (or create a new eBay account).
On the following page you have the option to check your bid again, change it (also using the back function of the Internet browser) or cancel the bid.
By submitting your bid using the Confirm button you declare your legally binding acceptance of the offer.
The contract is concluded under the suspensive condition that your bid is the highest bid at the time the offer period expires.
If another bidder submits a bid that exceeds your maximum bid before the end of the offer period, your lower bid expires.
d) Purchase using the Send price suggestion function
With the Send price suggestion function you have the option of making us a counter offer to the price shown on the item page.
After clicking the Send price suggestion button on the item page and logging into your existing eBay account or creating a new eBay account, you can enter your price suggestion on the following page and select how long your price suggestion should be valid for.
After clicking the Check price proposal button, you have the option of checking your price proposal again on the next page, changing it (also using the Edit price proposal function on the page) or canceling the price proposal.
By submitting your price proposal using the Send price proposal button, you are submitting a binding offer to us. You are bound to this price proposal for up to two days according to your selection.
The contract is concluded when we accept your price proposal within the validity period you have specified.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 5 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer s habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Krystian Zebrowski
Leblweg 22, 4030 Linz, Austria
Telephone: +4366499580035
E-mail: office@amilux-tools.at
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https: ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions on the conclusion of the contract in our General Terms and Conditions
Terms and conditions (Part I).
3. Contract language, storage of contract text
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order, the contract data can be printed out using the browser s print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
If shown in the online ordering process, you can also use Apple Pay and/or Google Pay as payment methods.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
Unless a different deadline is specified in the respective offer or under the correspondingly labeled button, the goods will be delivered within 3-5 days after the contract has been concluded (but only after the time of your payment instruction if advance payment has been agreed).
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the warranty provision in our general terms and conditions (part I).
last updated: November 29, 2022
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Data protection declaration
Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it has no consequences. This only applies if no other information is provided in the subsequent processing operations.
Personal data is all information that relates to an identified or identifiable natural person.
Responsible person
Contact us if you wish. The person responsible for data processing is: Krystian Zebrowski, Leblweg 22, 4030 Linz, Austria, +4366499580035, office@amilux-tools.at
WhatsApp Business
If you contact us for business purposes via WhatsApp, we use the WhatsApp Business version of WhatsApp Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; “WhatsApp”). If you are located outside the European Economic Area, this service is provided by WhatsApp Inc. (1601 Willow Road, Menlo Park, CA 94025, USA).
The data processing serves to process and answer your contact request. For this purpose, we collect and process your mobile phone number stored with WhatsApp, your name if provided, and other data to the extent provided by you. We use a mobile device for the service, in whose address book only data from users who have contacted us via WhatsApp is stored. Personal data will not be passed on to WhatsApp without your consent to this.
Your data will be transmitted by WhatsApp to Meta Platforms Inc. servers in the USA.
There is no adequacy decision by the EU Commission for the USA. The data transfer takes place on the basis of standard contractual clauses as appropriate guarantees.
