General Terms And Conditions
TERMS OF SERVICE
General Terms and Conditions of Mr. Michael Hock
1. General
1.1 Customers within the meaning of these general terms and conditions (GTC) can be both consumers and entrepreneurs.
1.2 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Offer, conclusion of contract
2.1 eBay
2.1.1 The contract is concluded in accordance with Section 6 of the eBay Terms and Conditions, which reads in part as follows:
§ 6 Offer formats and conclusion of contract
[…]
2. If a seller uses the eBay services to post an item in an auction or fixed-price format, he is making a binding offer to conclude a contract for this item. He 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 for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can also 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. […]
4. In the case of fixed-price items, the buyer accepts the offer by clicking and then confirming the "Buy It Now" button. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking on the "Buy it now" button and completing the immediately subsequent payment process. The buyer can also accept offers for several items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment process.
5. In the case of auctions, the buyer accepts the offer by placing 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 places a higher bid during the listing period. […]
6. If the seller terminates the bid prematurely, a contract is formed between the seller and the highest bidder, unless the seller was entitled to withdraw the bid and cancel the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a justified withdrawal of a bid, no contract is formed between the user, who is again the highest bidder after the end of the auction due to the withdrawal of the bid, and the seller.
8. In certain categories, the seller can provide his offer with a price suggestion function. The Best Offer feature allows buyers and sellers to negotiate the price of an item. […]
[…]
11. If an item is deleted from eBay before the end of the offer period, no effective contract is formed between the buyer and seller.
Note: You can find the full eBay terms and conditions in the footer on the ebay home page.
2.1.2 It depends on the offer format which individual technical steps the customer has to take to submit his offer on eBay:
auction procedure
In the auction process, the customer first enters the amount of their maximum bid in the field labeled "Enter your maximum bid" on the seller's bid page. Next, the "Bid" button must be confirmed. The customer is then prompted by ebay to check and confirm the bid entered. The maximum bid entered by the customer is mentioned and the customer receives the following notice:
"Your bid is binding. If you click Confirm Bid and are the winning bidder, you are entering into a legally binding contract with the seller. See full item description below.”
The customer can then either confirm his bid or change the bid.
Offer to losing bidders
In the so-called offer to unsuccessful bidders procedure, the customer first receives an e-mail from eBay with the subject "Offer to unsuccessful bidders".
The customer has two buttons available in the e-mail: "Call up article" and "Reply now". Depending on the selection, those from ebay provided steps are followed. Finally, the customer can click on the "Buy" button.
Buy it now
With the Buy It Now method, the customer first clicks on the "Buy It Now" button on the seller's offer page. In the next step, ebay prompts the customer to “Check and buy”. The article is mentioned again, as well as the price, the shipping offered, information on delivery and payment. Then the customer can click on “Buy”. Below the "Buy" button is this note to the customer:
“By clicking buy, you are entering into a legally binding contract with the seller.
To cancel the transaction, click your browser's "back" button to return to the item page."
price suggestion
In the so-called price proposal process, the customer first clicks on the "Send price proposal" button on the seller's offer page. Another window then opens with the heading "Suggest price", where the price to be suggested by the customer can be entered in a field. The customer can then click on "Check price proposal". Another window “Check and confirm price proposal” will open. Now the customer can either submit his price proposal by clicking on "Send price proposal" or change his price proposal by clicking on "Edit price proposal".
The seller has several options to react to the price proposal. He can immediately accept, immediately reject or reconsider the customer's price proposal (i.e. accept, reject or reject by means of a counter offer within the period of maximum 48 hours indicated on the page).
If the seller rejects the price proposal, the customer can submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the price proposal made by making a counter offer, the customer can accept, reject or reject the new offer made by the seller within the maximum period of 48 hours displayed on the page by clicking on the "Accept price proposal" button, by Click on "Send counter-proposal". In the latter case, the above steps must be completed again.
2.1.3 In all the procedures mentioned under 2.1.2, the customer can recognize, check and correct his entries as follows:
After clicking on the button (e.g. "Bid", "Buy it now", "Suggest price", "Check price proposal" or "New price proposal send"), the customer can check his entries again on the following confirmation page. If the customer wishes to change his entries, he can either switch to the previous eBay item page by clicking on the "Back" button of his browser or by exiting the process cancel the website and call up the eBay article page again later.The customer can then correct input errors again using the usual keyboard/cursor functions in the respective input fields.
2.2 Online shop
The products and services listed by the seller in the online shop do not represent binding offers for the seller; it is rather a request to the customer to submit a binding offer by placing an order. By sending the order from the "virtual shopping cart", the customer places a binding order for the items contained in it. The seller will immediately confirm receipt of this order to the customer by e-mail. The purchase contract is concluded with the express acceptance of the order in text form or with the delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days after receipt of the order.
3. Prices
All prices mentioned are total prices including VAT plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. Retention of Title
The goods delivered by the seller remain his property until full payment.
5. means of payment; Delivery; delivery restrictions; Shipping; transfer of risk
5.1 You can find the payment methods we accept on our website. The delivery takes place at the shipping costs shown in the item description. We will point out any delivery restrictions if they exist.
5.2 If the customer is a consumer, the seller always bears the shipping risk, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by the seller to the logistics partner commissioned.
6. Cancellation policy
If you are an entrepreneur (see Section 1.2 of our General Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not exist. For consumers (any natural person who enters into a legal transaction purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity) the following applies:
right of withdrawal
You have the right to cancel this contract within one month without giving a reason. The cancellation period is one month from the day on which you or a third party named by you who is not the carrier took possession of the goods or Has.
In order to exercise your right of withdrawal, you must inform us
Michael Hock
Südfeld 5
26907 Walchum
Tel: +49 (0) 4963 90 77 70 0
Fax: +49 (0) 4963 90 77 70 1
Email: info (at) glanoldirekt.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
On:
Michael Hock
Südfeld 5
26907 Walchum
Tel: +49 (0) 4963 90 77 70 0
Fax: +49 (0) 4963 90 77 70 1
Email: info (at) glanoldirekt.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
ordered on (*)
received at (*)
Name of consumer(s)
Address of consumer(s)
Date, signature of consumer(s)
__________________________
(*) Delete where not applicable.
7. Notices
7.1 Unless the parties have agreed otherwise, the right of cancellation does not apply to the following contracts:
7.1.1 for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed,
7.1.2 for the delivery of audio or video recordings or software, provided the data carriers delivered have been unsealed by the consumer,
7.1.3 for the delivery of newspapers, periodicals and magazines, unless the consumer has made his contract declaration by telephone,
7.2 Please avoid damaging and contaminating the goods. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide one suitable packaging for adequate protection against transport damage.
7.4 Please note that the aforementioned items 7.2 are not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation for revocation
In the event of a cancellation of the contract, the customer must, in deviation from § 346 paragraph 2 no. 3 BGB, pay compensation for a loss in value of the goods if the loss in value is due to handling the goods, which is necessary to check the condition, properties and functionality of the goods was not necessary and we have informed the customer of his right of withdrawal in accordance with Article 246a § 1 Paragraph 2 Clause 1 Number 1 of the Introductory Act to the Civil Code.
9. Liability for Defects, Warranty Rights, Liability
There is a statutory right to liability for defects for all our goods. The statutory provisions apply to liability and warranty.
The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any guarantees do not limit the statutory warranty claims.
10. Consumer information in distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The main characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions in the context of the internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address given in the provider identification. Please refer to the offer for payment, delivery or fulfillment information.
10.4 In the online shop, first place the selected goods in the shopping cart. Once you have selected all the items you want, you can go to the checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you must enter your contact details in the next step. You can then choose the shipping and payment method and finally place your order by clicking on the "Buy" button. Until then, you have the opportunity to recognize your entries and, if necessary, after pressing the "Back" button correct your browser on the previous page or cancel the ordering process by leaving the page.
10.5 Contract text storage on the eBay online marketplace
The seller does not save the contract text after the conclusion of the contract and it is also not accessible to the customer. However, the text of the contract is archived on eBay and can be called up free of charge by the customer at www.ebay.de for a period of 90 days after the conclusion of the contract, stating the relevant article number. To display the article page with the contract text, the customer can enter the associated article number in the search field on the eBay homepage and click on the "Find" button. The relevant website can be printed out using the print function of your browser. After the conclusion of the contract, you will automatically receive an e-mail with further information on the processing of the contract. You can also save the text of the contract by right-clicking on the website and saving it on your computer. However, since the seller has no influence on the duration of the storage of the eBay website, it is pointed out that, in accordance with the ebay terms and conditions, members themselves are responsible for using the eBay services to view and store information that they use for the purposes of Evidence preservation, bookkeeping or other purposes require archiving on a storage medium independent of eBay.
10.6 Contract text storage in the online shop
The seller does not save the contract text after the conclusion of the contract and it is also not accessible to the customer. However, after the conclusion of the contract, we will send the customer an order confirmation with all the information to the email address you provided, in which you will again be informed of all the essential data of your order, our terms and conditions, your cancellation/return policy. You have the option of printing out both the general terms and conditions and your order with all the data entered during the ordering process. You can also use the print function of your browser to print out the text of the contract. You can also save the text of the contract by right-clicking on the website and saving it on your computer. After completion of the order processing, the contract text is no longer accessible to you.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable laws in the customer's country of residence remain in favor of the consume legal regulations and rights are not affected by this agreement. The application of UN sales law is excluded.
11.2 If the aforementioned provisions have not become part of the contract or are ineffective in whole or in part, the rest of the contract remains effective. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.
Notes on the conclusion of a contract via the online marketplace eBay
Appendix: Sections 10 and 11 of the eBay General Terms and Conditions
§ 10 Auctions, auctions with a buy-it-now option, multiple auctions and offers to unsuccessful bidders
1. If a seller places an item in the auction format on the eBay website, he makes a binding offer to conclude a contract for this item. The provider determines a starting price and a period (duration of the offer) within which the offer can be accepted by bidding. The bidder accepts the offer by submitting a bid using the bidding function. The bid expires if another bidder submits a higher bid during the bidding period. At the end of the auction or if the offer is terminated prematurely by the seller, a contract for the purchase of the item is concluded between the seller and the highest bidder, unless the seller was legally entitled to withdraw the offer and cancel the existing bids. After a justified withdrawal of a bid, no contract is formed between the member who is again the highest bidder after the end of the auction due to the withdrawal of the bid and the provider. The seller and the highest bidder can agree that a contract is formed.
2. Each bidder can submit a maximum bid at an auction. The maximum bid represents the maximum amount that the bidder is willing to pay for the item. The maximum bid remains hidden from the seller and other bidders. If other members bid on the item, the current bid is automatically increased step by step, so that the bidder remains the highest bidder until his maximum bid has been surpassed by another member.
3. Vendors can, under certain conditions, set a minimum price for an auction that differs from the starting price. In this case, a contract is not concluded if the bid of the highest bidder does not reach the minimum price at the end of the auction.
4. Under certain conditions, offers can also be provided with the Buy It Now (fixed price) option. In this case, a contract for the purchase of the item is already concluded at the buy-it-now price (fixed price) regardless of the end of the offer period and without holding an auction, if a member selects this option exercises The option can be exercised by any member as long as no bid has been placed on the item or the bids have not yet reached a minimum price set by the seller.
5. As long as an item is offered in an auction, a member may only offer items of a comparable type and quality to the bidders who have bid on this item in the form of an offer posted on the eBay website, but not in any other way, e.g Email (withdrawing bidders). This also applies beyond the duration of the offer.
6. Members may not manipulate the course of an auction by submitting bids using another member account or by specifically engaging a third party. In particular, the provider is prohibited from placing bids on the offers he has placed himself.
7. Bidders may only withdraw a bid if they are legally entitled to do so.
8. Vendors have the option of holding an auction as a multi-auction. An item can be offered in any quantity in a multi-auction, whereby all items must be of the same type and quality (e.g. size, colour, pattern, make, etc.).
9. The submission of bids using automated data processing processes (e.g. so-called "sniper" programs) is prohibited.
10. In the event that the contract between the seller and the highest bidder fails, the minimum price has not been reached or the seller would like to sell other identical items, he can make an offer in the Buy It Now format to the unsuccessful bidders via the eBay system (offer to unsuccessful bidder). They must have previously agreed to receiving such offers in My eBay.
§ 11 Buy It Now Items (Fixed Price Items), Suggest Price and “Immediate Payment Required”
1. If a provider posts an item in the Buy It Now offer format, it is making a binding offer that other members can purchase the item at the specified price. The contract is concluded when a member clicks on the "Buy It Now" button and confirms the process.
2. In certain categories, the provider can provide his offer with the option "Suggest price". Interested parties can make the seller an offer to purchase the item at a certain price. The provider can accept a price offer, reject it or make a counter offer. Price proposals from interested parties and counter-proposals from the provider are binding and remain valid for 48 hours. A contract is concluded when the provider and the interested party agree on the price, whether using the "Suggest price" function or the original one Buy it now price. With the conclusion of the contract, all price proposals and counter-proposals lose their validity.
3. For Buy It Now items, Vendors may specify that their listing requires immediate payment. The buyer's claim to performance only arises after the successful completion of the payment process via PayPal.
12. Information for consumers on out-of-court dispute resolution
General Terms and Conditions of Mr. Michael Hock
1. General
1.1 Customers within the meaning of these general terms and conditions (GTC) can be both consumers and entrepreneurs.
1.2 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Offer, conclusion of contract
2.1 eBay
2.1.1 The contract is concluded in accordance with Section 6 of the eBay Terms and Conditions, which reads in part as follows:
§ 6 Offer formats and conclusion of contract
[…]
2. If a seller uses the eBay services to post an item in an auction or fixed-price format, he is making a binding offer to conclude a contract for this item. He 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 for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can also 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. […]
4. In the case of fixed-price items, the buyer accepts the offer by clicking and then confirming the "Buy It Now" button. In the case of fixed-price items for which the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking on the "Buy it now" button and completing the immediately subsequent payment process. The buyer can also accept offers for several items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment process.
5. In the case of auctions, the buyer accepts the offer by placing 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 places a higher bid during the listing period. […]
6. If the seller terminates the bid prematurely, a contract is formed between the seller and the highest bidder, unless the seller was entitled to withdraw the bid and cancel the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a justified withdrawal of a bid, no contract is formed between the user, who is again the highest bidder after the end of the auction due to the withdrawal of the bid, and the seller.
8. In certain categories, the seller can provide his offer with a price suggestion function. The Best Offer feature allows buyers and sellers to negotiate the price of an item. […]
[…]
11. If an item is deleted from eBay before the end of the offer period, no effective contract is formed between the buyer and seller.
Note: You can find the full eBay terms and conditions in the footer on the ebay home page.
2.1.2 It depends on the offer format which individual technical steps the customer has to take to submit his offer on eBay:
auction procedure
In the auction process, the customer first enters the amount of their maximum bid in the field labeled "Enter your maximum bid" on the seller's bid page. Next, the "Bid" button must be confirmed. The customer is then prompted by ebay to check and confirm the bid entered. The maximum bid entered by the customer is mentioned and the customer receives the following notice:
"Your bid is binding. If you click Confirm Bid and are the winning bidder, you are entering into a legally binding contract with the seller. See full item description below.”
The customer can then either confirm his bid or change the bid.
Offer to losing bidders
In the so-called offer to unsuccessful bidders procedure, the customer first receives an e-mail from eBay with the subject "Offer to unsuccessful bidders".
The customer has two buttons available in the e-mail: "Call up article" and "Reply now". Depending on the selection, those from ebay provided steps are followed. Finally, the customer can click on the "Buy" button.
Buy it now
With the Buy It Now method, the customer first clicks on the "Buy It Now" button on the seller's offer page. In the next step, ebay prompts the customer to “Check and buy”. The article is mentioned again, as well as the price, the shipping offered, information on delivery and payment. Then the customer can click on “Buy”. Below the "Buy" button is this note to the customer:
“By clicking buy, you are entering into a legally binding contract with the seller.
To cancel the transaction, click your browser's "back" button to return to the item page."
price suggestion
In the so-called price proposal process, the customer first clicks on the "Send price proposal" button on the seller's offer page. Another window then opens with the heading "Suggest price", where the price to be suggested by the customer can be entered in a field. The customer can then click on "Check price proposal". Another window “Check and confirm price proposal” will open. Now the customer can either submit his price proposal by clicking on "Send price proposal" or change his price proposal by clicking on "Edit price proposal".
The seller has several options to react to the price proposal. He can immediately accept, immediately reject or reconsider the customer's price proposal (i.e. accept, reject or reject by means of a counter offer within the period of maximum 48 hours indicated on the page).
If the seller rejects the price proposal, the customer can submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the price proposal made by making a counter offer, the customer can accept, reject or reject the new offer made by the seller within the maximum period of 48 hours displayed on the page by clicking on the "Accept price proposal" button, by Click on "Send counter-proposal". In the latter case, the above steps must be completed again.
2.1.3 In all the procedures mentioned under 2.1.2, the customer can recognize, check and correct his entries as follows:
After clicking on the button (e.g. "Bid", "Buy it now", "Suggest price", "Check price proposal" or "New price proposal send"), the customer can check his entries again on the following confirmation page. If the customer wishes to change his entries, he can either switch to the previous eBay item page by clicking on the "Back" button of his browser or by exiting the process cancel the website and call up the eBay article page again later.The customer can then correct input errors again using the usual keyboard/cursor functions in the respective input fields.
2.2 Online shop
The products and services listed by the seller in the online shop do not represent binding offers for the seller; it is rather a request to the customer to submit a binding offer by placing an order. By sending the order from the "virtual shopping cart", the customer places a binding order for the items contained in it. The seller will immediately confirm receipt of this order to the customer by e-mail. The purchase contract is concluded with the express acceptance of the order in text form or with the delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contract offer within two working days after receipt of the order.
3. Prices
All prices mentioned are total prices including VAT plus shipping costs. The costs for packaging and shipping can be found in the respective offer.
4. Retention of Title
The goods delivered by the seller remain his property until full payment.
5. means of payment; Delivery; delivery restrictions; Shipping; transfer of risk
5.1 You can find the payment methods we accept on our website. The delivery takes place at the shipping costs shown in the item description. We will point out any delivery restrictions if they exist.
5.2 If the customer is a consumer, the seller always bears the shipping risk, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by the seller to the logistics partner commissioned.
6. Cancellation policy
If you are an entrepreneur (see Section 1.2 of our General Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not exist. For consumers (any natural person who enters into a legal transaction purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity) the following applies:
right of withdrawal
You have the right to cancel this contract within one month without giving a reason. The cancellation period is one month from the day on which you or a third party named by you who is not the carrier took possession of the goods or Has.
In order to exercise your right of withdrawal, you must inform us
Michael Hock
Südfeld 5
26907 Walchum
Tel: +49 (0) 4963 90 77 70 0
Fax: +49 (0) 4963 90 77 70 1
Email: info (at) glanoldirekt.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
On:
Michael Hock
Südfeld 5
26907 Walchum
Tel: +49 (0) 4963 90 77 70 0
Fax: +49 (0) 4963 90 77 70 1
Email: info (at) glanoldirekt.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
ordered on (*)
received at (*)
Name of consumer(s)
Address of consumer(s)
Date, signature of consumer(s)
__________________________
(*) Delete where not applicable.
7. Notices
7.1 Unless the parties have agreed otherwise, the right of cancellation does not apply to the following contracts:
7.1.1 for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed,
7.1.2 for the delivery of audio or video recordings or software, provided the data carriers delivered have been unsealed by the consumer,
7.1.3 for the delivery of newspapers, periodicals and magazines, unless the consumer has made his contract declaration by telephone,
7.2 Please avoid damaging and contaminating the goods. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide one suitable packaging for adequate protection against transport damage.
7.4 Please note that the aforementioned items 7.2 are not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation for revocation
In the event of a cancellation of the contract, the customer must, in deviation from § 346 paragraph 2 no. 3 BGB, pay compensation for a loss in value of the goods if the loss in value is due to handling the goods, which is necessary to check the condition, properties and functionality of the goods was not necessary and we have informed the customer of his right of withdrawal in accordance with Article 246a § 1 Paragraph 2 Clause 1 Number 1 of the Introductory Act to the Civil Code.
9. Liability for Defects, Warranty Rights, Liability
There is a statutory right to liability for defects for all our goods. The statutory provisions apply to liability and warranty.
The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any guarantees do not limit the statutory warranty claims.
10. Consumer information in distance contracts for the purchase of goods
10.1 The Seller is not subject to any special codes of conduct not mentioned above.
10.2 The main characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions in the context of the internet offer. The language available for the conclusion of the contract is exclusively German.
10.3 Complaints and warranty claims can be submitted to the address given in the provider identification. Please refer to the offer for payment, delivery or fulfillment information.
10.4 In the online shop, first place the selected goods in the shopping cart. Once you have selected all the items you want, you can go to the checkout. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you must enter your contact details in the next step. You can then choose the shipping and payment method and finally place your order by clicking on the "Buy" button. Until then, you have the opportunity to recognize your entries and, if necessary, after pressing the "Back" button correct your browser on the previous page or cancel the ordering process by leaving the page.
10.5 Contract text storage on the eBay online marketplace
The seller does not save the contract text after the conclusion of the contract and it is also not accessible to the customer. However, the text of the contract is archived on eBay and can be called up free of charge by the customer at www.ebay.de for a period of 90 days after the conclusion of the contract, stating the relevant article number. To display the article page with the contract text, the customer can enter the associated article number in the search field on the eBay homepage and click on the "Find" button. The relevant website can be printed out using the print function of your browser. After the conclusion of the contract, you will automatically receive an e-mail with further information on the processing of the contract. You can also save the text of the contract by right-clicking on the website and saving it on your computer. However, since the seller has no influence on the duration of the storage of the eBay website, it is pointed out that, in accordance with the ebay terms and conditions, members themselves are responsible for using the eBay services to view and store information that they use for the purposes of Evidence preservation, bookkeeping or other purposes require archiving on a storage medium independent of eBay.
10.6 Contract text storage in the online shop
The seller does not save the contract text after the conclusion of the contract and it is also not accessible to the customer. However, after the conclusion of the contract, we will send the customer an order confirmation with all the information to the email address you provided, in which you will again be informed of all the essential data of your order, our terms and conditions, your cancellation/return policy. You have the option of printing out both the general terms and conditions and your order with all the data entered during the ordering process. You can also use the print function of your browser to print out the text of the contract. You can also save the text of the contract by right-clicking on the website and saving it on your computer. After completion of the order processing, the contract text is no longer accessible to you.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer as well as to the respective terms and conditions. If the customer is a consumer, the applicable laws in the customer's country of residence remain in favor of the consume legal regulations and rights are not affected by this agreement. The application of UN sales law is excluded.
11.2 If the aforementioned provisions have not become part of the contract or are ineffective in whole or in part, the rest of the contract remains effective. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.
Notes on the conclusion of a contract via the online marketplace eBay
Appendix: Sections 10 and 11 of the eBay General Terms and Conditions
§ 10 Auctions, auctions with a buy-it-now option, multiple auctions and offers to unsuccessful bidders
1. If a seller places an item in the auction format on the eBay website, he makes a binding offer to conclude a contract for this item. The provider determines a starting price and a period (duration of the offer) within which the offer can be accepted by bidding. The bidder accepts the offer by submitting a bid using the bidding function. The bid expires if another bidder submits a higher bid during the bidding period. At the end of the auction or if the offer is terminated prematurely by the seller, a contract for the purchase of the item is concluded between the seller and the highest bidder, unless the seller was legally entitled to withdraw the offer and cancel the existing bids. After a justified withdrawal of a bid, no contract is formed between the member who is again the highest bidder after the end of the auction due to the withdrawal of the bid and the provider. The seller and the highest bidder can agree that a contract is formed.
2. Each bidder can submit a maximum bid at an auction. The maximum bid represents the maximum amount that the bidder is willing to pay for the item. The maximum bid remains hidden from the seller and other bidders. If other members bid on the item, the current bid is automatically increased step by step, so that the bidder remains the highest bidder until his maximum bid has been surpassed by another member.
3. Vendors can, under certain conditions, set a minimum price for an auction that differs from the starting price. In this case, a contract is not concluded if the bid of the highest bidder does not reach the minimum price at the end of the auction.
4. Under certain conditions, offers can also be provided with the Buy It Now (fixed price) option. In this case, a contract for the purchase of the item is already concluded at the buy-it-now price (fixed price) regardless of the end of the offer period and without holding an auction, if a member selects this option exercises The option can be exercised by any member as long as no bid has been placed on the item or the bids have not yet reached a minimum price set by the seller.
5. As long as an item is offered in an auction, a member may only offer items of a comparable type and quality to the bidders who have bid on this item in the form of an offer posted on the eBay website, but not in any other way, e.g Email (withdrawing bidders). This also applies beyond the duration of the offer.
6. Members may not manipulate the course of an auction by submitting bids using another member account or by specifically engaging a third party. In particular, the provider is prohibited from placing bids on the offers he has placed himself.
7. Bidders may only withdraw a bid if they are legally entitled to do so.
8. Vendors have the option of holding an auction as a multi-auction. An item can be offered in any quantity in a multi-auction, whereby all items must be of the same type and quality (e.g. size, colour, pattern, make, etc.).
9. The submission of bids using automated data processing processes (e.g. so-called "sniper" programs) is prohibited.
10. In the event that the contract between the seller and the highest bidder fails, the minimum price has not been reached or the seller would like to sell other identical items, he can make an offer in the Buy It Now format to the unsuccessful bidders via the eBay system (offer to unsuccessful bidder). They must have previously agreed to receiving such offers in My eBay.
§ 11 Buy It Now Items (Fixed Price Items), Suggest Price and “Immediate Payment Required”
1. If a provider posts an item in the Buy It Now offer format, it is making a binding offer that other members can purchase the item at the specified price. The contract is concluded when a member clicks on the "Buy It Now" button and confirms the process.
2. In certain categories, the provider can provide his offer with the option "Suggest price". Interested parties can make the seller an offer to purchase the item at a certain price. The provider can accept a price offer, reject it or make a counter offer. Price proposals from interested parties and counter-proposals from the provider are binding and remain valid for 48 hours. A contract is concluded when the provider and the interested party agree on the price, whether using the "Suggest price" function or the original one Buy it now price. With the conclusion of the contract, all price proposals and counter-proposals lose their validity.
3. For Buy It Now items, Vendors may specify that their listing requires immediate payment. The buyer's claim to performance only arises after the successful completion of the payment process via PayPal.
12. Information for consumers on out-of-court dispute resolution