General terms and conditions
1. Scope
The following Terms and Conditions apply to all orders placed via our eBay shop. These Terms and Conditions also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
2.1 Contractual partner
The contract is concluded with MS Evest & Services GmbH.
2.2 Formation of contract
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.
2.3 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: German, 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 complete text of the contract will not be accessible there.
4. Delivery conditions
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.
5. Payment
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. Direct debit via PayPal Precondition for payment by direct debit via PayPal is an address and credit check, the payment is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date your account is charged (so-called prenotification). Apple Pay In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ( Apple ), you must use the Safari browser, be registered with Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is processed immediately after placing the order. You will receive further information in 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. Klarna In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ( Klarna ) we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and in the ordering process. Klarna may offer registered Klarna 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 Klarna. You can find more information on this in your Klarna account. Purchase on account via Klarna The invoice amount is due 14-30 days after shipping the goods and receipt of the invoice. Financing via Klarna You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The amount of the minimum instalment is 6.95 euros. SOFORT by Klarna In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be charged immediately after placing the order. You will receive further instructions in the ordering process.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The product shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the product until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. Damage during delivery
For consumer the following applies: 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.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification. When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Applicability of the statutory guarantee provisions Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply. The following limitations and reductions of time periods with respect to businesses/merchants shall 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 case of intentional or grossly negligent breach of duty as well as 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 voluntary guarantee, if agreed, or within the scope of application of the Product Liability Act (Produkthaftungsgesetz). Restrictions in relation to businesses In relation to businesses, only our own specifications and the manufacturer s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected. Note to merchants ( Kaufleute in accordance with HGB - German Commercial Code) Among merchants ( Kaufleute ), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
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.
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 deliberate or grossly negligent breach of duty • for guarantee commitments, where agreed • towards consumer. Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (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: Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e.V., Gohliser Str. 6, 04105 Leipzig, Germany, www.streitbeilegungsstelle.org.
12. Protection of minors
Insofar as your order is comprised of products, whose sale is subject to age restrictions, through the use of a reliable procedure, including a personal identity and age check, we shall ensure that the purchaser has reached the required minimum age. If a delivery is made, the deliverer shall only hand over the goods after an age check and only to the purchaser in person.
13. Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
If you are a Kaufmann within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Privacy Policy
Data controller is:Sebastian MonnoHadamarerstr. 8aElzE-Mail: sebastian.monno@gmail.com
Thank you for visiting our eBay-Shop shop. Protection of your privacy is very important to us. Below you will find extensive information about how we handle your data.
1. Data collection and use for processing the contract and making contact
Your personal data that you disclose to us when you place an order with us or contact us (e.g. via contact form or by email) are collected via eBay or directly by us. Both eBay and we act as controllers. The data collected via eBay will be processed on the eBay servers and, as far as this is necessary for the fulfillment of the contract or for processing your contact inquiry with us, will be provided to us according to Art. 6 (1) (b) GDPR. Mandatory fields are marked as such, because in these cases the data is required for the processing of the contract or for the processing of your contact inquiry and you can not complete the order or send the inquiry without providing them. Which data is collected can be seen from the respective input forms.We use the data provided by you for contract processing and processing of your inquiries in accordance with Art. 6 (1) (b) GDPR. Further information on the processing of your data, in particular on the transmission to our service providers for the purpose of order, payment and shipping processing, can be found in the following sections of this privacy policy. After processing of the contract is completed, your data will be restricted for further processing and will be deleted after the expiry of any retention periods under tax and commercial law in accordance with Art. 6 (1) (c) GDPR, unless you have expressly consented to further use of your data in accordance with Art. 6 (1) (a) GDPR or we reserve the right to use your data for other purposes which are permitted by law and about which we inform you in this policy.
2. Data processing for the purpose of shipment
We forward your data to the shipping company instructed with the delivery for the purposes of fulfilling the contract in accordance with Art. 6 (1) (b) GDPR, insofar as this is necessary to deliver the ordered goods. 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.
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 e-mail address 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. 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.
Hermes Germany GmbHEssener Straße 89D-22419 HamburgGermany
United Parcel Service Deutschland S.à r.l. & Co. OHGGörlitzer Straße 141460 NeussGermany
DHL Paket GmbHSträßchensweg 1053113 BonnGermany
General Logistics Systems Germany GmbH & Co. OHGGLS Germany-Straße 1 - 7DE-36286 NeuensteinGermany
DPD Deutschland GmbHWailandtstraße 163741 AschaffenburgGermany
3. Use of data for payment processing
4. Contact options and your rights
4.1 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 erasure of your personal data stored with us, unless further processing is requiredto exercise the right of freedom of expression and information;for compliance with a legal obligation;for reasons of public interest orfor establishing, exercising or defending legal claims;art. 18 GDPR, the right to request restriction of processing of your personal data, insofar asthe accuracy of the data is contested by you;the processing is unlawful, but you refuse their erasure;we no longer need the data, but you need it to establish, exercise or defend legal claims, oryou 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.
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.
4.2 Contact options
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 us directly using the contact data provided in our site notice.
Otherwise, the privacy policy of eBay applies. eBay is the data controller as regards any of your data that have 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.
