Terms of Service
1. Scope of application
For all orders via our eBay shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Online City Marek Zakrzewski.
Auction format
If we post an item in the auction or fixed price format, we will make a binding offer to enter into a contract for this item. We determine the start or fixed price and the duration of the offer, i.e. the period within which the offer can be accepted. If we set a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
We can also provide offers in the auction format with a Buy It Now function that you can exercise as long as no bid has been placed on the item or the minimum price has not yet been reached.
At auctions you accept the offer by placing a bid. Acceptance is subject to the condition precedent that you are the highest bidder at the end of the Offer Period. Your bid expires if another buyer submits a higher bid during the offer period.
Fixed Price format
When we post items in the fixed price format, we make a binding offer to enter into a contract for this item.
You accept the offer by clicking on the button "Buy It Now" and then confirm. For fixed price items where we have selected the option "Immediate Payment", accept the offer by clicking on the "Buy It Now" button and completing the immediately following payment process. You can also accept offers for multiple items by adding the items (if available) to the shopping cart and completing the immediately subsequent payment process.
Make Offer option
If one of our offers shows Make Offer button below the Buy It Now price, you can suggest a price at which you would buy the item. We can accept your price proposal, reject it or make a counter offer. If you submit a price proposal to us, you are making a binding offer to conclude a contract for this article at the price you have suggested. Your suggested price is valid for 48 hours or until the end of the offer, whichever comes first. If we accept it, a binding contract is concluded. The price proposal basically only refers to the price of the item offered.
Correction options
You can recognize and correct your entries before placing an order using the means provided and self-explanatory by eBay in the ordering process. To cancel a transaction, press the "back" button on your browser to return to the article page or the eBay shopping cart. In the shopping cart, you can change the quantity of the products by changing the number of pieces or delete the article from the shopping cart by clicking on "Remove". Input errors can also be corrected by aborting the purchase process.
3. Contract language, contract text storage
The language available for the contract is English.
The contract text is not stored by us.
Your eBay account, however, gives you the opportunity to view your recent orders under "My eBay". The full text of the contract is not accessible there.
4. Terms of delivery
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
5. Payment
In our shop you can always use the following payment methods:
PayPal
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing an order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Transport damage
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If you refrain from doing so, the goods are deemed to have been approved, unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk; the statutory limitation periods for the recourse claim remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, as far as agreed
• as far as the scope of the product liability law is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
9. Liability
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• with guarantee promise, if agreed, or
• as far as the scope of the product liability law is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), available here https://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
11. Final provisions
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
TOS created with the Trusted Shops legal copy in cooperation with Wilde Beuger Solmecke lawyers.
