General Terms and Conditions (GTC)

 

1. Scope of Application

The following General Terms and Conditions apply to all orders placed through our eBay shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity. For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Correction Options

2.1 Contracting Parties

The purchase contract is concluded with KFZ-Technik Schiffmann; Owner: Thomas Schiffmann.

2.2 Conclusion of Contract

When we list an item in auction or fixed-price format, we make a binding offer to conclude a contract for this item. We determine the starting or fixed price and the offer duration, i.e., the period within which the offer can be accepted. Further information on the conclusion of the contract can be found under the individual formats: Auction Format If we set a minimum price for an auction, the offer is subject to the suspensive condition that the minimum price is reached. We can also provide auction offers with a Buy It Now function, which you can exercise as long as no bid has been placed on the item or the minimum price has not yet been reached. In the auction format, you accept the offer by placing a bid. Acceptance occurs under the suspensive condition that you are the highest bidder after the offer period expires. Your bid expires if another buyer places a higher bid during the offer period. Fixed-Price Format When we list items in the fixed-price format, we make a binding offer to conclude a contract for this item. You accept the offer by clicking the “Buy It Now” button and then confirming. For fixed-price items where we have selected the “Immediate Payment” option, you accept the offer by clicking the “Buy It Now” button and completing the payment process immediately thereafter. You can also accept offers for multiple items by placing the items (if available) in your shopping cart and completing the payment process immediately thereafter. Price Suggestion Option If the “Send Price Suggestion” button is displayed below the Buy It Now price in one of our offers, you can suggest a price at which you would purchase the item. We can accept your price suggestion, reject it, or make a counter-offer. If you submit a price suggestion to us, you are making a binding offer to conclude a contract for this item at the price you suggested. Your price suggestion is valid for a maximum of 48 hours or until the offer ends, whichever comes first. If we accept it, a binding contract is concluded. The price suggestion generally only refers to the price of the offered item.

2.3 Correction Options

You can identify and correct your entries before placing the order using the self-explanatory means provided by eBay in the ordering process. To cancel a transaction, press your browser’s “Back” button to return to the item page or the eBay shopping cart. In the shopping cart, you can change the quantity of products by modifying the number of items or delete the item from the shopping cart by clicking “Remove”. Input errors can also be corrected by canceling the purchase process.

3. Contract Language, Storage of Contract Text

The language(s) available for the conclusion of the contract: German

We store the contract text on our systems, which are not accessible to you.

However, through your eBay account, under “My eBay”, you have the option to view your recent orders. The complete contract text is not accessible there.

4. Delivery Conditions

In addition to the stated product prices, shipping costs will be added. You can find more details about the amount of shipping costs in the respective offers.

You generally have the option of picking up at Thomas Schiffmann, Parkstraße 11, 84098 Hohenthann, Germany during the business hours specified below: by appointment.

We do not deliver to parcel lockers.

5. Payment

The following payment methods are generally available in our shop:

Prepayment: If you choose prepayment as the payment method, we will provide you with our bank details immediately after completing the order and deliver the goods upon receipt of payment.

PayPal: 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, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. Further information can be found during the ordering process.

6. Right of Withdrawal

You are entitled to the statutory right of withdrawal, as described in the withdrawal policy.

7. Retention of Title

The goods remain our property until full payment.

For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You are permitted to resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the reserved goods with a new item – up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. We will release the securities due to us at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Shipping Damage

For consumers: If goods are delivered with obvious shipping damage, please report such defects to the delivery person immediately and contact us without delay. Failure to report a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

9. Warranty and Guarantees

9.1 Defect Liability Law

Unless expressly agreed otherwise below, the statutory defect liability law applies.

The following limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents: in case of injury to life, body, or health; in case of intentional or grossly negligent breach of duty, as well as malice; in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations); within the scope of a guarantee promise, if agreed, or insofar as the scope of the Product Liability Act is applicable. Limitations for entrepreneurs: For entrepreneurs, only our own specifications and the manufacturer’s product descriptions included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The sale of used goods is made under exclusion of any warranty.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations for merchants: Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.

9.2 Guarantees and Customer Service

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

For claims for damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation: • in case of injury to life, body, or health • in case of intentional or grossly negligent breach of duty • in case of guarantee promises, if agreed, or • insofar as the scope of the Product Liability Act is applicable. In case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of contract conclusion, which must typically be expected to occur. Otherwise, claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr.

We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

The competent body is the Universal Arbitration Board of the Federal Government at the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

12. Final Provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).