We are a member of the initiative FairCommerce since 01.06.2018.
For more information, see: www.faircommerce.de
Standard Business Terms and customer information/ Specimen-revocation form / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Color-D Textile GmbH) via the eBay or CATCH by eBay Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If we set up an item vis-a-vis eBay or CATCH by eBay, the activation of the supply-side domain at eBay or CATCH by eBay encompasses the binding offer associated with the conclusion of a purchase contract under the conditions specified on the page associated with the item in question.
(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 now function
After clicking the Buy Now button on the item page, you can log in to your existing eBay account or create a new eBay account. In the next step, you will be taken to the Send to query screen, in which your personal data has already been 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 you enter your personal data on the query screen Send to 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 the eBay website or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to eBay, on the eBay website, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the Back button on the Internet browser) any information on the order summary page or to cancel the purchase.
By submitting the order via the corresponding button ( Buy , Pay now or similar designation) you declare acceptance of the offer in a legally binding manner, and by doing so conclude the contract.
b) Purchase via the Add to shopping cart function
By clicking on the button Add to shopping cart on the item page, the goods intended for purchase will be placed in the Shopping cart . The Shopping cart will then be displayed. Alternatively, you can click on the corresponding button (shopping cart symbol) in the navigation bar to call up the Shopping cart and make changes there at any time.
After clicking on the button Checkout or Checkout securely now in the shopping cart view, you can log in to your existing eBay account or create a new eBay account. In the next step, you will be taken to the Send to query screen, in which your personal data has already been 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 you enter your personal data on the query screen Send to 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 the eBay website or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to eBay, on the eBay website, the order data will be displayed as an order overview.
Before submitting the order, you have the option once more to review or change (you may also use the Back button on the Internet browser) any information on the order summary page or to cancel the purchase.
By submitting the order via the corresponding button ( Buy , Buy now , Pay now or similar designation) you declare acceptance of the offer in a legally binding manner, and by doing so conclude the contract.
c) Purchase via the Bid function
With the Bid function, you can place a bid within the period of time in which our offer can be accepted by bids ( Bidding period ), taking into account the bidding steps ( Bid increments ) determined 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 will be logged into your existing eBay account (or a new eBay account will be created for you).
On the next page you have the option to check your bid again, to change it (also via the Back function of your internet browser) or to cancel the bid.
By submitting your bid via the Confirm button, you declare your legally binding acceptance of the offer.
The contract is concluded under the condition precedent that your bid is the highest bid at the time the bidding period expires.
If another bidder submits a bid in excess of your maximum bid before the end of the bidding period, your lower bid will expire.
d) Purchase via the Make an offer function
With the Make an offer function you have the option to make us a counter offer for the price shown on the item page.
After clicking the button Make an offer on the item page and logging into your existing eBay account or creating a new eBay account, you can enter your offer on the following page and choose how long your price offer should be valid.
After clicking the button Make an offer you have the option to check your offer again on the following page, to change it (also via the function Edit offer on the page) and/or to cancel the offer.
By sending us your offer via the button Make an offer you are submitting a binding offer to us. You are bound to this offer for up to two days, depending on your selection.
The contract is concluded if we accept your offer within the period of validity specified by you.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Color-D Textile GmbH
Paul Ehrlich Straße 13
63225 Langen(Hessen)
Germany
Telephone: 004961037323500
E-Mail: kundenservice@colordtextile.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https: ec.europa.eu/odr (https: ec.europa.eu/odr).
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations conclusion of the contract in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
If indicated in the online ordering process, you can also use Apple Pay and/or Google Pay as payment methods.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the Warranty provisions in our General Terms and Conditions of Business (Part I).
last update: 26.02.2020
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Color-D Textile GmbH, Paul Ehrlich Straße 13, 63225 Langen(Hessen), Email address: info+ebayuk@abakuhaus.com :
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
Personal data is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Use of PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https: www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en (https: www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en)
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
last update: 20.07.2020
