§ 1 Area of applicability
For business relationships to the customer for orders over the Internet the following General Terms and Conditions in the version valid at the time of the order are applicable.
§ 2 Contract conclusion
The following regulations are valid for the contract conclusion in the framework of an order in our Internet shop:
1. The customer gives an offer in the sense § 145 BGB by sending an order. The customer receives a confirmation of receipt of the order via email. If applicable, we will inform the customer of possible errors in the statements to the assortment in our online store separately, and make a corresponding counteroffer.
2. The customer foregoes the receipt of an acceptance declaration, § 151 p.1 BGB. The contract with us comes into force if we accept the offer of the customer within 10 days in writing or text form, or send the ordered goods, or the customer performs payment in advance upon correspondingly selected method of payment.
§ 3 Delivery, shipping costs, transfer of risk
The delivery takes place at the shipping costs respectively listed in the offer. If the customer is a merchandiser, all risks and danger of shipment are transferred to the customer as soon as the goods were handed over to the contracted logistics partner by us.
§ 4 Reservation of proprietary rights
The delivered goods remain our property until full payment of the purchase price has been made.
§ 5 Warranty
1. It is guaranteed that the goods are of the possibly agreed condition resp. are free of material defects at the time of transfer. This means that the goods are adequate for the use required by the contract or are adequate for common use and show a condition that is common for items of the same type, and the customer may expect according to the type of item and/or the announcement by us, respectively the manufacturer. Characteristics of the goods according to our statements, the identification of the goods, or the advertisement only belong to the agreed condition towards enterprisers if this was explicitly stated in the offer, confirmed by us in writing, or identified in the order confirmation.
2. If the purchase is a trade business for both parties in the sense of § 343 HGB, § 377 HGB is valid.
3. The duration of the warranty is 2 years for new goods. The duration of the warranty is 1 year for used goods, if the customer is a consumer. The warranty for used goods is excluded if the customer is merchandiser. The warranty commences with the receipt of the goods by the customer. § 478 BGB remains untouched.
4. In case of fault, you may first choose the legal claims supplementary fulfilment (fault elimination or supplementary delivery). If the legal requirements are given, you have the right for reduction of the purchase price beyond that, or the withdrawal and claim for damage compensation of unavailing expenditures. The supplementary fulfilment may be denied if it is only possible with disproportionally high expenses. The cancellation is excluded if the fault is insignificant.
§ 6 Consumer information for distance marketing contracts for the acquisition of goods
We are not subject to special behaviour codes not mentioned above.
The essential characteristics of the goods we offer, as well as the duration of validity of termed offers are listed in the individual product descriptions in the framework of our Internet offer.
The language available for contract conclusion is exclusively German.
You have the option of printing the contract text with the print function of your browser. You can also save the contract text by saving the Internet page on your computer by clicking on the right mouse key. The contract text for orders in our internet shop is not accessible to the customer. The contract text is also saved by us.
After contract conclusion you automatically receive an email with further information for the processing of the contract.
You may file reclamations and warranty claims to the address stated under the provider identification.
Please view the offer for information for payment, delivery, or fulfilment. In the Internet shop you are informed about possibilities to recognize and correct entry errors in the framework of the order process.
§ 7 Data protection notice
Privacy Policy
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. Access data and hosting
You may visit our website without revealing any personal information. With every visit on the website, the web server stores automatically only a so-called server log file which contains e.g. the name of the requested file, your IP address, the date and time of the request, the volume of data transferred and the requesting provider (access data), and documents the request.
These access data are analysed exclusively for the purpose of ensuring the smooth operation of the website and improving our offer. This serves according to art. 6 (1) 1 lit f GDPR the protection of our legitimate interests in the proper presentation of our offer that are overriding in the process of balancing of interests. All access data are deleted no later than seven days after the end of your visit on our website.
2. Data collection and use for processing the contract and for opening a customer account
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. All data collected via eBay are processed on the servers of eBay and are according to art. 6 (1) 1 lit. b GDPR disclosed to us for the purpose of performing the contract or processing your contact request.
Mandatory fields are marked as such because we absolutely need those data to perform the contract or process your contact request, and you would otherwise not be able to complete your purchase order or send the contact request. It is specified in each input form what data are collected. We use the data that you disclose to us to perform the contract and process your enquiries according to art. 6 (1) 1 lit. b GDPR. Upon contract completion, any further processing of your data will be restricted, and your data will be deleted upon expiry of any retention period applicable under relevant regulations, unless you expressly agree to the further use of your data or we reserve the right to otherwise use your personal data in the scope and manner permitted by law, of which we inform you in this notice.
3. Transfer of data
We disclose your data to the shipping company in the scope required for the delivery of the ordered goods according to art. 6 (1) 1 lit. b GDPR. Depending on the payment service provider you have selected during the ordering process, we disclose the payment details collected for order processing purposes to the bank commissioned to handle the payment and, as the case may be, to the payment service provider commissioned by us or to the selected payment service. Some of those data are collected by the selected payment service providers themselves if you open an account with them. In such a case, during the ordering process, you must register with your payment service provider using your access data. In this respect, the privacy notice of the relevant payment service provider applies.
We use the services of a logistics provider, which has its registered office outside the EU. Personal data are disclosed to that company only to the extent required to perform the contract.
4. Email newsletter
E-mail advertising if you subscribe to the newsletter
If you subscribe to our newsletter, we will regularly send you our e-mail newsletter based on your consent according to art. 6 (1) 1 lit a GDPR, using the data required or disclosed by you separately for this purpose.
You may unsubscribe from the newsletter at any time via "My eBay" in the "Saved Sellers" option. Upon unsubscription, we will delete your email address from the list of recipients unless you have expressly consented to the further use of your data or we reserve the right to further use your personal data in the scope and manner permitted by the law, of which we inform you in this notice.
The newsletter is sent to you by our service provider who processes data on our behalf and to whom we disclose your email address.
This service provider is based in an EU or EEA member state.
The advertisements are sent to you by our service provider who processes data on our behalf and to whom we disclose your data for this purpose.
You can opt out of the storage and use of your data for these purposes at any time by sending a message to the contact option specified below.
5. Use of data for payment processing
Credit assessment and scoring in the case of selecting PayPal purchase on invoice
If you select the purchase on invoice option, it is required for the purpose of signing the contract that we transfer personal data, such as the first and last name, address, date of birth and account data to PayPal according to art. 6 (1) 1 lit b GDPR so that they can carry out identity and credit assessment necessary for the processing of the purchase on invoice transaction. Those data are transferred to enable PayPal to issue an invoice using the invoicing method requested by you and carry out identity and credit assessment as part of processing of your purchase. For details regarding the above-mentioned procedure and the credit reference agencies please see the privacy policy of PayPal.
You can contact PayPal to present your position and contest the decision.
6. Contact possibilities and your rights
You are entitled to obtain free-of-charge information concerning data stored about your person and, as the case may be, to correct, restrict the processing, enable the portability of, or delete those data.
If you have any questions about how we collect, process or use your personal data, want to enquire about, correct, block or delete your data, or withdraw any consents you have given, or opt-out of any particular data use, please contact our in-house data protection officer
Stefan Keller
Oststraße 36
51674 Wiehl
dpo@motea.com
You may also submit a complaint to the responsible data protection supervisory authority.
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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.
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7. Validity of the data protection 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: http://pages.ebay.co.uk/help/policies/privacy-policy.html?rt=nc.
§ 8 Miscellaneous
The law of the Federal Republic of Germany is applicable for the contract relationship between us and the customer as well as for the respective business terms. If the customer is consumer, the applicable legal regulations and rights for the benefit of the consumer according to the law of the country of residence of the customer remain untouched by this agreement. The application of the UN convention on contracts for the international sale of goods is excluded.
Exclusive place of jurisdiction is the local court of our place of residence if the customer is a businessman in the sense of the HGB or a corporation of public law.
§ 9 Severability clause
Should individual regulations of this contract be partially or enitrely void, or should they lose their legal validity later on, the validity of the remaining contract remains untouched.
