I. General Terms and Conditions
II. Data protection
III. Iimprint
I. General Terms and Conditions
1. Scope
For all orders via our eBay shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Daddys-Carparts GbR – Sabine and Christian Charchulla
Auction format
If we post an item in the auction or fixed price format, we will make a binding offer to enter into a contract for this item. We determine the start or fixed price and the duration of the offer, ie the period within which the offer can be accepted. If we set a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
We can also provide offers in the auction format with a buy-it-yourself feature that you can exercise as long as no bid has been placed on the item or the minimum price has not yet been reached.
At auctions you accept the offer by placing a bid. Acceptance is subject to the condition precedent that you are the highest bidder at the end of the Offer Period. Your bid expires if another buyer submits a higher bid during the offer period.
Fixed Price format
When we post items in fixed price format, we make a binding offer to enter into a contract for this item. You accept the offer by clicking on the button "Buy It Now" and then confirm. For fixed price articles where we have selected the option "Immediate Payment", accept the offer by clicking on the button "Buy It Now" and concluding the immediately following payment transaction. You can also accept offers for multiple items by adding the items (if available) to the shopping cart and completing the immediate payment process.
Option Price proposal
If one of our offers shows the Buy It Now button below the Buy It Now price, you can suggest a price to buy the item for. We can accept your price proposal, reject it or make a counter offer. If you submit a price proposal to us, you are making a binding offer to conclude a contract for this article at the price you have suggested. Your suggested price is valid for 48 hours or until the end of the offer, whichever comes first. If we accept it, a binding contract is concluded. The price proposal basically only refers to the price of the item offered.
The language available for the contract is German.
We save the contract text on our systems, but they are not accessible to you. Your eBay account, however, gives you the opportunity to view your recent orders under "My eBay".
We only deliver in transit. Unfortunately, a self collection of the product is not possible.
3. Payment
The following payment methods are available in our shop:
Payment in advance
When selecting the payment method in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or first register, legitimize with your access data and confirm the payment order to us. You'll get more information during the ordering process.
4. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
5. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims arising from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the goods subject to retention of title with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims yourself, as long as you do not meet your payment obligations.
6. Transport damage
For consumers applies: If goods are delivered with obvious transport damage, so please complain such errors, if possible immediately to the deliverer and please contact us immediately. The failure to make a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the matter to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranty and Guarantees
Unless explicitly agreed otherwise below, the statutory warranty rights apply.
For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions which were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (rectification) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms 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 the case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of application of the Product Liability Act is opened.
Information on additional warranties that may apply and their exact conditions can be found in the product and on special information pages in the shop.
8. Liability
We are always liable without limitation for claims due to damage 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
• with guarantee promise, as far as agreed
• as far as the scope of application of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place (cardinal obligations) by slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time the contract was concluded limited, with the emergence typically has to be expected.
Incidentally, claims for damages are excluded.
9. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and Conditions created free of charge with Trusted Shops Legal in cooperation with Wilde Beuger Solmecke lawyers.
II. Data protection
Data protection
We appreciate your interest in our eBay shop. The protection of your privacy is very important to us. Below we inform you in detail about the handling of your data.
Data collection and use for contract execution
We collect personal information if you voluntarily disclose it to us as part of your order or when contacting us (for example, by contact form or e-mail). The data collected is shown in the respective input forms. We use the data provided by you for the execution of the contract and processing of your inquiries. After completion of the contract, your data will be blocked for further use and deleted after expiry of the tax and commercial retention periods, unless you have expressly consented to further use of your data or we reserve the right to further data use, which is permitted by law and which we will inform you below.
Data transfer for fulfillment of the contract
For fulfillment of the contract, we will pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. In order to process payments, we pass on the necessary payment data to the credit institution commissioned with the payment and any payment service providers commissioned by us or to the payment service selected by you in the ordering process.
Credit check and scoring when choosing PayPal Purchase Invoice
If you have chosen to purchase on account, we will transmit to PayPal the personal data required for the settlement of the invoice purchase and an identity and credit check, such as first and last name, address, date of birth and account details. The transmission of these data takes place, so that PayPal can process an invoice for the processing of your purchase with the desired invoice processing and carry out an identity and credit check. In accordance with the Federal Data Protection Act, PayPal has a legitimate interest in the transmission of the buyer's personal data and needs them in order to obtain information from credit reporting agencies for the purposes of identity and credit checks. Detailed information on this and the credit agencies used can be found in PayPal's privacy policy, available at:
https: //www.paypal.com/en/webapps/mpp/ua/privacy-full? Locale.x = en_US
Right to information and contact
You have the right to free information about the data stored about us as well as a right to rectification, blocking or deletion of this data. For questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data and revocation of granted consent or objection to a particular use of data, please contact us directly via the contact details in our imprint.
Validity of the eBay Privacy Policy
Incidentally, the privacy policy of eBay applies. You can find out about the handling of your data on eBay here: http://pages.ebay.de/help/policies/privacy-policy.html?rt=nc.
Data privacy statement created free of charge with Trusted Shops Legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
III. Imprint
Daddys-Carparts GbR
Sabine und Christian Charchulla
Marbecker Str. 74,
46325 Borken
Germany
Telephone: 028679099911
Fax: 028679099912
Email: info@daddys-carparts.com
The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/. We are not obliged and not ready to participate in a dispute settlement procedure before a consumer arbitration board
Imprint created with the Trusted Shops lawyer in cooperation with Wilde Beuger Solmecke lawyers.
