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General Terms and Conditions and Client Information & Information on Data Protection
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Table of Contents
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A. General Terms and Conditions and Client Information
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and Delivery Conditions
6. Liability for Defects
7. Special Conditions for the Processing of Goods According to Client's Specification
8. Law and Jurisdiction
9. Tolerance and deviations in quantity
10. Alternative dispute resolution
B. Information on Data Protection
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1. Information on the Collection of Personal Data and Contact Details of the Controller
2. Contacting
3. Use of your Data for Sending Newsletters
4. Processing of Data for the Purpose of Order Handling
5. Rights of the Data Subject
6. Duration of Storage of Personal Data
7. Reference to the eBay Privacy Policy
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A. General Terms and Conditions and Client Information
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1) Scope of Application
1.1 These Terms and Conditions (hereinafter to as "GTC" of the company TOOLPORT GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a Consumer or a Trader (hereinafter referred to as "Client”) and the Seller related to all goods and/or services presented by the Seller on the eBay trading platform. The inclusion of the Client`s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these GTC is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions presented by the Seller on the eBay trading platform do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client can place an order via the eBay trading platform. By completing his personal data and clicking the "submit order" in the final stage of the ordering procedure the Client's order is deemed to be a legally binding offer to buy the chosen amount of goods related to the goods displayed in the online shopping basket.
2.3 The Seller can acknowledge receipt of the Client’s order by sending him an automatically generated e-mail acknowledging his order. Such an acknowledgement of receipt is no acceptance of the Client’s order. The Seller can accept the Client’s offer by sending him a letter or a separate e-mail or a fax accepting the order or by delivering the goods within five days. With this separate confirmation the contract will be concluded. The Seller has no obligation to accept the Client’s offer.
2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these GTC and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored by Ebay and can be found free of charge by the Client indicating the respective item number under www.ebay.uk, within 90 days after conclusion of the contract. If the client wants to find the product description site, he has to enter the respective item number in the search box of the eBay home page and has to click on the button "find”.
2.5 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.6 The English and German languages are available for the conclusion of the contract.
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
4) Price and Delivery Costs
4.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned by the Seller on the eBay trading platform. If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the relevant terms of use of PayPal. If the Client - to the extent offered - selects payment by direct debit vis-à-vis PayPal, PayPal shall collect the invoice amount from the Client’s bank account after issuing a SEPA direct debit mandate, but not before the expiry of the period for pre-notification on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the Client announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Client objects to the direct debit even though he is not entitled to do so, the Client shall bear the fees incurred by the respective credit institution as a result of the reversal if he is responsible for this.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. The delivery address provided by the Client on eBay is decisive for the processing of the transaction.
5.2 Personal collection is not possible for logistical reasons.
5.3 Should the assigned transport company return the goods to the Seller because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he has been temporarily prevented from receiving the offered service, unless the Seller has provided the Client with reasonable advance notice about the service.
6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Special Conditions for the Processing of Goods According to Client's Specification
7.1 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.
7.2 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.
8) Law and Jurisdiction
8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has his habitual residence. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
9) Tolerance and deviations in quantity
Orders are processed according to general technical standards.
If not agreed upon differently with the customer, technically necessary deviation in relation to materials or processing may occur within customary quality.
All product properties issued by Toolport GmbH (e.g. diameter and weight of tarpaulins and frames, colours, measures) are subject to quality tolerance within standards of respective fields of application.
Accordingly, minor deviations in weight, colour or quantity as well as inessential changes do not compromise an orderly delivery.
Toolport GmbH commits itself to acting in a way that goods are not subjected to deviations hampering the indicated field of application, customary use or economic value of the product.
10) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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B. Information on Data Protection
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1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our eBay internet presentation (hereinafter “website”) and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is "TOOLPORT GmbH, GF Stephan Weiß, Gutenbergring 1-5, 22848 Norderstedt, Deutschland, Tel.: +43 (0) 40 608 727 17, E-Mail: service@profizelt24.de". The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 The controller has designated a data protection officer for this website. He can be reached as follows: "Herold Unternehmensberatung GmbH, Herr Philipp Herold, Hafenstraße 1a, 23568 Lübeck, +49 45116085219 privacy[at]profizelt24.de"
2) Contacting
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.
3) Use of your Data for Sending Newsletters
If you are a registered eBay member and subscribe to our e-mail newsletter, we will send you regular information about our offers. If you subscribe to our newsletter, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GDPR. With your subscription to the newsletter you automatically add us as “stored seller” in your "My eBay" settings. You can unsubscribe from the newsletter at any time by removing us in your settings on "My eBay" as your stored seller. After your cancellation, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.
4) Processing of Data for the Purpose of Order Handling
4.1 The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
4.2 Service Provider
- Plentymarkets
The order is processed by the service provider "plentymarkets" (plentysystems AG, Bürgermeister-Brunner-Str. 15, 34117 Kassel). Name, address and, if applicable, other personal data will be passed on to plentymarkets exclusively for processing the online order in accordance with Art. 6 (1) point b GDPR. Your data will only be passed on if this is actually necessary for processing the order. Details of plentymarkets' privacy policy and its data protection declaration can be viewed at: https://www.plentymarkets.co.uk/
- PayPal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by instalments" via PayPal, we transfer your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 (1) point b GDPR and only insofar as this is necessary for payment processing.
PayPal reserves the right to carry out credit checks for the payment methods credit card via PayPal, direct debit via PayPal or, if offered, "purchase on account" or "payment by instalments" via PayPal. For this purpose, your payment data may be passed on to credit agencies on the basis of PayPal's legitimate interest in determining your solvency pursuant to Art. 6 (1) point f GDPR. PayPal uses the result of the credit assessment with regard to the statistical probability of failure for the purpose of deciding whether to offer the corresponding payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the credit report, they are based on recognized scientific mathematical-statistical methods. Among other data, address data is taken into account when calculating the score values. For further information on privacy policy and the credit agencies used, please refer to PayPal's data protection declaration at: https://www.paypal.com/fr/webapps/mpp/ua/privacy-full?locale.x=en_US
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.
5) Rights of the Data Subject
5.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR
5.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
6) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.
7) Reference to the eBay Privacy Policy
The eBay platform is responsible for all further data processing that goes beyond the data processing described above. For more information about eBay’s privacy practices, please view eBay’s privacy policy at: https://www.ebayinc.com/privacy-policy/
