I. Instructions on cancellation
Right to cancel
You have the right to cancel this contract within thirty days without giving any reason. The cancellation period will expire after thirty days on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (FUXTEC GmbH, Kappstraße 69, 71083 Herrenberg, Germany, Info@fuxtec.co.uk, Telefon: +44 33 00271465 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
You can also electronically fill in and submit your statement according to the explanations and forms accessible via My eBay /Purchase History/ Return this item. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Please note: We only accept unused items in their original packaging for a return!
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. In the case of goods, which by their nature cannot normally be returned by post, the cost is estimated at a maximum of 450 GBP. 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.
The right to cancel does not exist for the following contracts:
Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us.)
— To FUXTEC GmbH, c/o Core Fulfilment, Units 1-3 Orion Park, Orion Way, Crewe CW1 6NG, United Kingdom, GB, info@fuxtec.co.uk
— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)
— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this is notified on paper)
— Date
(*) Delete as appropriate
Privacy Policy
Data controller is:
FUXTEC GmbH
Kappstraße 69
71083 Herrenberg
Germany
Phone: +44 33 00271465
E-Mail: info@fuxtec.co.uk
Thank you for visiting our eBay shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.
1. DATA PROCESSING FOR PROCESSING THE CONTRACT, ESTABLISHING CONTACT
Your personal data that you disclose to us when you place an order with us or contact us (e.g. via the contact form or by email) are collected via eBay or directly by us. In this case, both eBay and we act as controllers. All data collected via eBay are processed on the eBay servers and are passed on to us in accordance with Art. 6 (1) (b) GDPR for the purpose of processing the contract or your contact. Mandatory fields are marked as such because in these cases we need the data for the processing of the contract or for the processing of your contact and you cannot complete the order or send the contact without their indication. Which data are collected can be seen from the respective input forms.
We use the data that you disclose to us to perform the contract and process your enquiries according to Art. 6 (1) (b) GDPR. You will find further information on the processing of your data, in particular on forwarding the data to our service providers for the purpose of order, payment and shipping processing, in the following sections of this privacy policy. Upon contract completion, any further processing of your data will be restricted, and your data will be deleted upon expiry of any retention period applicable under relevant regulations according to Art. 6 (1) lit. (c) GDPR, unless you expressly agree to the further use of your data according to Art. 6 (1) (a) GDPR or we reserve the right to otherwise use your personal data in the scope and manner permitted by law, of which we inform you in this privacy policy.
We use merchandise management systems of external service providers for order and contract processing. We engage our service providers on the basis of processing on our behalf. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
2. DATA PROCESSING FOR THE PURPOSE OF SHIPMENT
We forward your data to the shipping company within the scope required for the delivery of the ordered goods according to Art. 6 (1) (b) GDPR.
DATA TRANSMISSION TO A SHIPPING PROVIDER FOR THE PURPOSE OF SHIPMENT NOTIFICATION
Provided that you have given us your explicit consent, during or after your order, we will forward your email address and phone number in accordance with Art. 6 (1) (a) GDPR to the selected shipping provider in order to enable them to contact you for the purpose of shipment notification or coordination prior to shipment.
This consent may be withdrawn at any time by sending a message to the contact information described in this privacy policy or directly to the shipping provider using the contact address listed below. After consent withdrawal, we will delete the data you have provided for this purpose unless you have expressly consented to further use of your data or we have reserved the right to use your data for other purposes which are permitted by law and about which we inform you in this privacy policy.
Hermes UK
DPD UK
3. DATA PROCESSING FOR THE PURPOSE OF PAYMENT
3.1 DATA PROCESSING FOR THE PURPOSE OF FRAUD PREVENTION AND OPTIMISATION OF OUR PAYMENT PROCESSES
We may forward other data to our service providers, which they use for the purpose of fraud prevention and to optimise our payment processes (e.g. invoicing, processing of contested payments, accounting support) together with the data necessary to process the payment as our processors.
This serves to safeguard our legitimate interests in fraud prevention or efficient payment management in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing of interests.
3.2 ENGAGEMENT OF DEBT COLLECTION COMPANIES
In order to fulfil the contract according to Art. 6 (1) (b) GDPR, we forward your data to an authorised debt collection agency if our payment claim has not been settled despite a previous reminder. In this case, the claim will be collected directly by the collection agency. In addition, the transmission of data serves to safeguard our legitimate interests in an effective assertion or enforcement of our payment claim in accordance with Art. 6 (1) (f) GDPR that are overriding in the process of balancing interests.
4. ADVERTISING VIA E-MAIL
E-MAIL ADVERTISING UPON SUBSCRIPTION TO THE NEWSLETTER
If you subscribe to our newsletter, we will regularly send you our email newsletter based on your consent according to Art. 6 (1) (a) GDPR, using the data required or disclosed by you separately for this purpose.
You may unsubscribe from the newsletter at any time via My eBay in the Saved Sellers option. Upon unsubscription, we will delete your email address from the list of recipients unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
The newsletter may also be sent to you by our service provider who processes data on our behalf and to whom we disclose your email address. If you have any questions about our service providers and the basis of our cooperation with them, please use the contact option described in this privacy policy.
5. CONTACT POSSIBILITIES AND YOUR RIGHTS
Being the data subject, you have the following rights according to:
• art. 15 GDPR, the right to obtain information about your personal data which we process, within the scope described therein;
• art. 16 GDPR, the right to immediately demand rectification of incorrect or completion of your personal data stored by us;
• art. 17 GDPR, the right to request the erasure of your personal data stored with us, unless further processing is required
o to exercise the right of freedom of expression and information;
o for compliance with a legal obligation;
o for reasons of public interest or
o for establishing, exercising or defending legal claims;
• art. 18 GDPR, the right to request the restriction of processing of your personal data, insofar as
o the accuracy of the data is contested by you;
o the processing is unlawful, but you refuse their erasure;
o we no longer need the data, but you need it to establish, exercise or defend legal claims, or
o you have lodged an objection to the processing in accordance with art. 21 GDPR;
• art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller;
• art. 77 GDPR, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority at your habitual place of residence or workplace or at our company headquarters.
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, restrict or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact our in-house data protection officer:
Data Protection Officer:
Kappstraße 69
71083 Herrenberg
Germany
info@fuxtec.co.uk
Right to object
If we process personal data as described above to protect our legitimate interests that are overriding in the process of balancing of interests, you may object to such data processing with future effect. If your data are processed for direct marketing purposes, you may exercise this right at any time as described above. If your data are processed for other purposes, you have the right to object only on grounds relating to your particular situation.
After you have exercised your right to object, we will no longer process your personal data for such purposes unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
This does not apply to the processing of personal data for direct marketing purposes. In such a case we will no longer process your personal data for such purposes.
Otherwise, the privacy policy of eBay applies. eBay is the data controller as regards any of your data that has been collected on eBay and processed for purposes other than those described herein. Here you will find information about the handling of your data by eBay: https: www.ebay.co.uk/pages/help/policies/privacy-policy.html?rt=nc
III. General terms and conditions
Scope
The following T&Cs apply to all orders placed via our eBay shop.
Contractual partner, formation of contract
The purchase contract is concluded with FUXTEC GmbH.
Auction format
If we enter an article in the auction or fixed-price format, we are placing a binding offer to conclude a contract for this article. We determine the starting/fixed price and the duration of the offer, i.e. the time period within which the offer may be accepted. If we set a minimum price in the auction format, the offer will be subject to the condition precedent of the minimum price being reached.
We may additionally provide offers in an auction format with a buy-now function, which you may use as long as no bid has been made yet on the article or the minimum price has not yet been reached.
For auctions, you accept the offer by placing a bid. The acceptance takes place subject to the condition precedent that you are the highest bidder after the end of the offer period. Your offer lapses if another buyer places a higher bid during the term of the offer.
Fixed-price format
If we enter an article in the fixed-price format, we are placing a binding offer to conclude a contract for this article.
You accept the offer by clicking on the “Buy It Now” button and then confirming. With fixed-price articles, for which we have selected the “Immediate payment” option, accept the offer by clicking on the “Buy It Now” button and complete the directly subsequent payment process. You may also accept offers for several articles by (if available) placing the articles in the shopping cart and completing the directly subsequent payment process.
Price suggestion option
If the “Send price suggestion” button is available in one of our offers under the Buy It Now price, you may suggest a price to us, at which you would buy the article. We may accept, reject or make a counter-offer to your price suggestion. If you make a price suggestion, you are providing a binding offer to conclude a contract for this article at the price that you have suggested. Your price suggestion is valid for 48 hours or until the end of the offer, depending on which is reached first. If we accept, a binding contract is concluded. The price suggestion basically only applies to the price of the offered article.
Option Click & Collect
If the Click & Collect icon is displayed for a Buy Now deal as part of the information about the collection of your order, this means that you can collect your order from one of our stores. Payment methods available for this option are PayPal, credit card or debit. The contract is concluded only after you buy and pay for the product.
Possibility for correction
Before submitting your order you may identify and correct your entries by means of the self-explanatory tools that eBay provides in the ordering process. To cancel a transaction, use the “back” button of your browser in order to get back to the article page or to the eBay shopping basket. In the shopping basket, you change the quantity of the products by amending the number of items or delete the article from the basket by clicking on “remove”. Input errors can also be corrected by cancelling the purchase process.
Contract language, saving of the contract text
The languages available for concluding the contract are German and English.
We save the text of the contract on our system, which is however not accessible for you. However, you have the opportunity to view your previous orders via your eBay account at My eBay . The full text of the contract is not accessible there.
Delivery conditions
We only dispatch goods en route; pick up by the customer is not possible.
Payment
The following payment methods are basically available in our online shop:
PayPal Express
During the ordering process, you will be forwarded to PayPal s online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Credit Card
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, the payment transaction will be automatically carried and your card will be charged.
Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
Retention of title
The goods shall remain our property until full payment is made.
Damage during delivery
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.
Customer service: Please contact us using the contact form or by email: info@fuxtec.co.uk
Liability
We shall, in any case, be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberately or grossly negligent breach of duty
• for guarantee commitments, where agreed
• insofar as the scope of application of the Consumer Rights Act 2015 is open
• in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https: ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
IV. Supplier Identification
FUXTEC GmbH
Kappstraße 69
71083 Herrenberg
Germany
Phone : +44 33 00271465
E-mail: info@fuxtec.co.uk
Managing Director: Leonhard Zirkler, Christian Doeme, Wenzel Boeckenhoff
Registered at: Stuttgart, HRB 769744
VAT ID number: GB378325665
EAR Registration number WEEE-reg.-no. DE 68193889
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https: ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
