General Terms and Conditions and Client Information, Information on Data Protection & Returns Policy
Table of Contents
A. General Terms and Conditions and Client Information
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. Law and Jurisdiction
8. Alternative Dispute Resolution
B. Information on Data Protection
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
A. General Terms and Conditions and Client Information
1) Scope of Application
1.1 These Terms and Conditions of the company Heike Rische (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 Terms and Conditions 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 Terms and Conditions 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.co.uk, within 60 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.
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. Value added tax is not shown because the seller is a small business within the meaning of Section 19(1)UStG. Any
possible additional delivery and dispatch costs are specified separately in the respective
product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise
which are beyond the Seller’s control. They shall be borne by the Client. Such costs are,
for example, money transfer costs (transfer fees, exchange rate charges) or customsduties or import taxes.
4.3 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.
5) Shipment and Delivery Conditions
5.1 Delivery of goods shall be made on dispatch route to the delivery address indicated
by the Client, unless otherwise agreed upon.
5.2 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.
5.3 Personal collection is not possible for logistical reasons.
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) Law and Jurisdiction
7.1 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 Courts is
excluded. Moreover, the courts of the State where the Client is domiciled will have
exclusive jurisdiction over any dispute relating to these relationships.
7.2 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.
8) Alternative Dispute Resolution
8.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
B. Information on Data Protection
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 Heike Rische, Augustastr.8, 68723 Oftersheim, Germany, Tel.: 01738460239, E-Mail: hrische@yahoo.com. 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.
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. These data are 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
- 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 data protection regulations 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/
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Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside
those individual's trade, business, craft or profession, are entitled to cancel any contract
on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a
third party other than the carrier and indicated by you acquires, physical possession of
the goods.
To exercise the right to cancel, you must inform us (Heike Rische, Tairnbacherstr. 20,
69234 Dielheim, Deutschland, Tel.: 01738460239, E-Mail: hrische@yahoo.com) of your
decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or
e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication
concerning your exercise of the right to cancel before the cancellation period has
expired.
Effects of cancellation:
If you cancel this contract, we will reimburse to you all payments received from you,
including the costs of delivery (except for the supplementary costs arising if you choose
a type of delivery other than the least expensive type of standard delivery offered by us)
without undue delay and not later than fourteen days after the day on which we are
informed about your decision to cancel this contract. We may make a deduction from
the reimbursement for loss in value of any goods supplied, if the loss is the result of
unnecessary handling by you. We will make the reimbursement using the same means
of payment as you used for the initial transaction, unless you have expressly agreed
otherwise. In any event, you will not incur any fees as a result of the reimbursement. We
may withhold reimbursement until we have received the goods back or you have
supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any
event not later than fourteen days from the day on which you communicate your
cancellation from this contract to us. The deadline is met if you send back the goods
before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling
other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the
consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the
contract, are not nationals of a member state of the European Union and whose exlusive
residence and address of delivery are located outside of the European Union.
General information
1) Please prevent damage to and contamination of the goods. Please return the goods, if
possible, in the original packaging with all accessories and all packaging components. If
necessary, please use protective outer packaging. If you are no longer in possession of
the original packaging, please use suitable packaging providing adequate protection
against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a
precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel this contract, please complete and submit this form.
Heike Rische
Tairnbacherstr. 20
69234 Dielheim
Deutschland
E-Mail: hrische@yahoo.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the
following goods (*) /for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
