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
2.1 Contractual partner
The contract is concluded with Diamond Tools Direct GmbH.
2.2 Formation of contract
Auction format
If we place an article in the auction or fixed-price format, we are making a binding offer to conclude a contract for that article. 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 article.
You accept the offer by clicking on the “Buy It Now” button and then confirming finally. With fixed-price articles, 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 articles by (if available) placing the articles 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 article. 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 article 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 article.
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, French, Spanish, Italian
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
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 shop. The payment is processed by eBay.
Apple Pay
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Google Pay
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
Direct debit via RatePAY
If you have selected direct debit via RatePAY, you do not need to be registered with RatePAY to pay the invoice amount. With confirmation of the payment instruction, you are granting RatePAY a direct debit mandate. RatePAY will inform you of the date the account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, RatePAY requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further information during the ordering process.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your login data and confirm the payment order. The payment transaction will be carried out automatically by PayPal immediately after submitting the order in the shop. Further information can be found during the ordering process.
Sofort by Klarna
After submitting your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, legitimize yourself accordingly and confirm the payment order to eBay. Further information can be found during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the right to cancel.
eBay Plus
If you are registered for eBay Plus - notwithstanding your statutory rights - you may use the following additional service: For all articles, which are not excepted from the cancellation right, eBay will provide you with free Hermes return labels via the eBay returns process. Simply initiate the return in My eBay within the cancellation notice period and click on the Hermes return label that is provided there. You may submit the return in a Hermes parcel shop in Germany. As soon as the article has arrived with us, within 6 working days, we will arrange for a full refund of the purchase price/a reimbursement in accordance with our terms and conditions of return. Additional detailed information is available here: https://pages.ebay.de/help/pay/ebay-plus-returns.html
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods 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.
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.
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: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
12. 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.
AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.
Privacy Policy
Responsible for the processing of data is:
Mohammed Mutlek Ghafel
Charlottenstr.
Kreuztal
Germany
info@dia-direct.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.
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-Adresse and Telefonnummer 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.
DHL Paket GmbH
Sträßchensweg 10
53113 Bonn
Germany
DPD Deutschland GmbH
Wailandtstraße 1
63741 Aschaffenburg
Germany
3. Use of data for payment processing
The payment processing is carried out via eBay for the purposes of performance of the contract in accordance with Art. 6 (1) (b) GDPR.
4. Contact possibilites and 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 required
to exercise the right of freedom of expression and information;
for compliance with a legal obligation;
for reasons of public interest or
for establishing, exercising or defending legal claims;
art. 18 GDPR, the right to request restriction of processing of your personal data, insofar as
the 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, or
you 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.
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.
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.
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.
Datenschutzerklärung erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.
