General Terms and Conditions of Business / Data protection statement
1. Scope
These terms and conditions of sale govern the sale of products by the company Tornado Trading GmbH via the internet platform eBay, to you. By making an order you are declaring your consent to the application of these terms and conditions of sale to your order.
2. Conclusion of contract
a) If an item is ordered from us on eBay, the activation of the offer page on eBay comprises the binding offer to conclude a purchase contract subject to the terms and conditions stated on the item page.
b) The efficacy of the agreement is subject to the German eBay General Terms and Conditions (AGB), especially section 6. Depending on the offer format, the conclusion of the contract is regulated there as follows:
“Section 6 Offer formats and conclusion of contract
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2. If a seller puts an item in the auction or fixed-price format using the eBay services, he or she is submitting a binding offer to conclude a contract concerning this item. In doing so, he or she sets a starting or fixed price and a term within which the offer can be accepted (offer term). If the seller sets a minimum price in the auction format, the offer is under the condition precedent that the minimum price is reached.
3. The seller can also apply a “buy it now” function to offers in the auction format. This can be exercised by a purchaser provided an offer has not yet been made for the article and provided a minimum price has not been reached. eBay reserves the right to change this function in the future.
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4. For fixed-price items, the purchaser accepts the offer by clicking the “buy it now” button and then confirming. For fixed-price items for which the seller has selected the “buy it now” option, the purchaser accepts the offer by clicking the “buy it now” button and concluding the payment procedure that immediately follows on from this. The purchaser may also accept offers for multiple items by placing items in the shopping basket (if available) and concluding the payment procedure that immediately follows on from this.
5. In auctions, the purchaser accepts the offer by submitting a bid. The acceptance is granted under the condition precedent that the purchaser is the highest bidder at the end of the auction. An offer becomes void if another purchaser submits a higher bid while the offer is open. (...)
6. If the seller prematurely ends the offer, a contract between the seller and the highest bidder becomes valid, unless the seller was entitled to withdraw the offer and to delete the bids made thus far.
7. Purchasers can only withdraw bids if there is reasonable grounds to do so. After a bid is withdrawn for reasonable grounds, there is no valid contract between the seller and the user who was once more the highest bidder after the withdrawal.
8. In certain categories, the seller can add a suggested price function to his or her offer. The suggested price function enables purchasers and seller to negotiate the price for an item. (...)
11. If an item is deleted by eBay before the end of the offer period, no valid contract becomes valid between the purchaser and seller.
c) Purchase via the “buy it now” function” or “bid” function
Clicking on the “buy it now” or “bid” buttons contained in the item pages alone does not lead to a contractual declaration. What it leads to is the opportunity to check your selections, to correct them using the “back” button on the internet browser or to terminate the purchase. This opportunity only becomes unavailable when the binding contractual declaration is submitted. The eBay menu navigation when making a purchase determines what declaration you use to enter a binding relationship and what action causes the contract to become valid.
d) Purchase via shopping basket (if available)
By clicking on the “in the shopping basket” button on the item pages, the products that you intend to purchase are placed in the “shopping basket”. You are then shown the “shopping basket”. You can then use the button in the navigation bar to call up the “shopping basket” and make changes at any time. After navigating to the “proceed to checkout” page and the selection or entry of delivery address and payment method, all order data is then shown once more on the order overview page.
If you select “PayPal” as the payment method, you will then be taken to a PayPal login window. After successfully logging into PayPal, you will be directed to the order overview page on eBay.
Before sending the order, you have the opportunity to check or change (including via the “back” function of the browser) all details once more here or to terminate the purchase.
Buy clicking on the “buy and pay” button, you declare your acceptance of the offer with legally binding force, and this causes the purchase contract to become valid.
e) Purchase via the “suggested price” function (if offered)
With the “suggested price” function you have the opportunity to make us a counter-offer. You can do so by clicking on the “send suggested price” button on the item page, entering your suggested price on the following page, selecting the “check suggested price” button and clicking on the “send suggested price” button on the following page (binding offer). This suggested price is binding for you for two days. The contract becomes valid if we accept your suggested price.
3. Shipping terms and conditions/costs
We will inform you of the shipping terms and conditions and costs during the ordering process.
4. Retention of title
The object of purchase remains our property until it has been paid for in full.
5. Limitation of liability
We do not accept liability for simple negligent breaches of obligation unless these affect obligations, damages relating to loss of life, bodily injury or damage to the health of a person or guarantees or claims pursuant to the German Product Liability Act (Produkthaftungsgesetz) that are essential to the contract. The same applies to breaches of obligation by our agents and legal representatives. Obligations that are essential to the contract include, in particular, the obligation to deliver the item to you and to enable you to take ownership of it. We must, furthermore, provide the item to you free of any material or legal defects.
6. Hire-purchase
If, during the order, you have been offered the option of hire-purchase, the General Terms and Conditions of Business and the data protection provisions of the financing provider apply to the payment handling. You will be informed separately of the latter’s terms and conditions during the order process.
7. Concluding provisions
In the event that you are not a consumer but a business operator, we hereby agree that Cologne, Germany, is the place of jurisdiction. In this event we agree that the applicable law shall be the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
Data protection statement
1. What we take responsibility for
We, the company Tornado Trading GmbH, Kranzstraße 7, 52070 Aachen, Germany, are aware that it is extremely important for you that we handle all your personal data with the utmost care. As persons responsible pursuant to Art. 4 para. 7 GENERAL DATA PROTECTION REGULATION, we guarantee you that all personal data will be processed in accordance with currently valid data protection law.
2. When we collect data
We collect and process personal data within the scope of order processing if you provide it to us for the execution of a contract. Which data is collected can be seen from the respective input forms. We store and use the data provided by you for contract processing. After complete processing of the contract, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods.
3. Data protection for children
It is important to us that we protect the privacy of children. We therefore do not knowingly collect the data of children and young people who have not yet reached the end of their 16th year.
4. Transfer of personal data
Your data will not be transferred to third parties without your explicit consent. The only exceptions from this are the service provision partners that we need for fulfilling the contractual relationship (e.g. shipping companies, payment service provider). In these cases, we strictly observe the legal requirements. The scope of the data transfer is limited to the minimum level necessary.
Furthermore, we can, at the request of a relevant agency, provide information on stored data on an individual basis if this is necessary for purposes of criminal investigations, for meeting statutory requirements of the German constitutional protection agencies or the German intelligence service (BND) or for asserting intellectual property rights. In doing so, we follow the statutory provisions of section 14, para. 2 of the German Telemedia Act (Telemediengesetz).
5. Your Right
You have the following rights towards us regarding your personal data:
Right to information,
Right to correction or deletion,
Right to limitation of processing,
Right of opposition to the processing,
Right to data transferability.
To exercise this right please contact us in writing. You can also contact us using the email address info@teppichmax.de. You also have the right to complain to a data protection supervisory authority about our processing of your personal data.
