General terms and conditions
1. Scope
The following T&Cs apply to all orders placed via our eBay shop.
Contractual partner
2. Contractual partner, formation of contract, correction options
2.1 Formation of contract
The contract is concluded with Bresser UK Ltd.
Auction format
If we place a product in the auction or fixed-price format, we are making a binding offer to conclude a contract for that product. 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 been reached yet.
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 place an article in the fixed-price format, we are making a binding offer to form a contract for that product.
You accept the offer by clicking on the “Buy It Now” button and then confirming finally. With fixed-price products, for which we have selected the “Immediate payment” option, you accept the offer by clicking on the “Buy It now” button and completing the subsequent payment process. You may also accept offers for several products by (if available) placing the products in the shopping cart and completing the subsequent payment process.
Best offer option
If the “Make offer” button is available in one of our offers under the Buy It Now price, you may offer a price to us, at which you would buy the product. We may accept, reject or make a counter-offer to your offer. If you make a price offer, you are providing a binding offer to conclude a contract for this product at the price that you have suggested. Your price offer 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 offer basically only applies to the price for the offered product.
Correction options
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.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: 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 available there.
Product description
Reference is made to the validity of the respective product description as an integral part of the contract.
Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.
4. Delivery conditions
4.1 Delivery costs
In addition to the specified product prices, shipping costs are added for standard shipping. More information on the delivery costs can be found at the offers.
4.2 Delivery options
We ship the products to the delivery address specified in the order process.
We only dispatch goods en route; pick up by the customer is not possible.
4.3 Delivery by forwarding agent
Making an appointment
In the case of delivery by a forwarding agent, the forwarding company commissioned by us will contact you to arrange a delivery date.
Place of delivery
Delivery of the goods is limited to the transport of the goods to the house door of the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Co-operation of the consignee
Unloading and any necessary subsequent transport of the goods to the agreed place of delivery is carried out jointly by the haulage driver and the recipient. Information on the packaging dimensions can be found in the offers.
The following applies to “Kaufleute”: In deviation from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed place of delivery.
5. Payment
5.1 Prices
The prices stated at the time of ordering apply. These are total prices and include statutory VAT.
5.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.
The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of GBP 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.
The following applies to traders: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of GBP 40. Further claims remain unaffected by this.
5.3 Payment methods
The following payment methods are basically available in our eBay-shop. The payment is managed by eBay:
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ( PayPal ), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. Directly after submitting your order, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
PayPal Credit
After selecting the payment option “PayPal Credit”, you will be forwarded to the online PayPal website. You need to be registered there, in order to complete the short PayPal Credit application form. A successful address and credit check is a precondition. Additional information and the complete GTC of PayPal Credit can be found here: https: www.paypal.com/uk/webapps/mpp/paypal-virtual-credit.
Direct debit process
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.
Apple Pay
To pay the invoice amount via Apple Pay, you must use the browser Safari and must be registered with the service provider Apple. You must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the ordering process.
Google Pay
To pay the invoice amount via Google Pay, you must be registered with the service provider Google. You must have activated the Google Pay function, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the ordering process.
Credit card
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
6. Retention of title
The products shall remain our property until full payment is made.
7. 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.
8. Data backup
You are responsible for the proper and regular backup of your data. We are not liable for damages resulting from the loss of data if you could have avoided the data loss by regularly and completely backing up your data.
The above limitation does not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
within the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.
9. 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.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
Customer service: Our customer service is available for queries, complaints and claims on working days from to via phone at as well as via email at .
10. 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.
11. 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 ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https: www.universalschlichtungsstelle.de/.
