TERMS AND CONDITIONS
§ 1 Scope of validity
(1) The Terms and Conditions outlined below are an integral part of any contract concluded between LIMAL (UK) LTD, 215-219 Chester Road, Manchester Lancashire M15 4JE (United Kingdom) hereinafter: LIMAL) and its customers (hereinafter: Customer).
(2) LIMAL provides its services based exclusively on these Terms and Conditions.
(3) Customer within the meaning of these Terms and Conditions is both the consumer and the entrepreneur, unless where anything deviating from this has been specified. Consumer is any individual that concludes a legal transaction for a purpose that cannot be attributed to its commercial or self-employed professional activity. Entrepreneur is an individual or legal entity (e.g. limited liability company, stock company) or an incorporated partnership (e.g. limited partnership, civil law association, ordinary partnership) that, when concluding a legal transaction, acts in its commercial or self-employed professional activity.
§ 2 Conclusion of the contract
(1) The contract between LIMAL and the Customer is concluded as follows:
(a) Auction
(aa) Placement of the merchandise by LIMAL in an eBay auction represents a legally binding offer to the bidder that, upon expiry of the specified auction period or early termination by LIMAL, has submitted the highest bid. The official eBay time will be relevant.
(bb) The Customer enters the required data and its maximum offer in the order screen.
(cc) Until confirmation by clicking on "Submit bid", the Customer can change the order data and the bid at any time.
(dd) Once the Customer has clicked on that button, it submits a binding declaration on its application for the conclusion of a contract (acceptance) to LIMAL. At the same time, it accepts the Terms and Conditions of LIMAL, which can be reviewed at the end of the item description.
(ee) Immediately after submitting the bid, the Customer will receive a confirmation of the placing of a bid from eBay at its stated e-mail address. The automatic e-mail confirmation does not constitute the conclusion of a contract. At the end of the auction, the Customer will receive another e-mail via eBay that will notify it whether it is the highest bidder. If the Customer is the highest bidder at the end of the auction, the contract between it and LIMAL has been concluded. The Customer will then receive a confirmation e-mail from LIMAL sent to its stated e-mail address.
(b) Buy it Now
(aa) The placement of the merchandise by LIMAL as part of a Buy it Now auction represents a legally binding offer.
(bb) The Customer enters the required data in the order screen.
(cc) Until confirmation by clicking the "Check and Buy" button, the Customer can change the order data at any time.
(dd) Once the Customer has clicked on that button, it submits a binding declaration on its application for the conclusion of a contract (acceptance) to LIMAL. At the same time, it accepts the Terms and Conditions of LIMAL, which can be reviewed at the end of the item description.
(ee) Immediately after submitting the order, the Customer will receive a confirmation of receipt of the order and the conclusion of the contract via eBay at its stated e-mail address. It will then receive a confirmation e-mail from LIMAL sent to its stated e-mail address.
(c) Shopping cart
(aa) The placement of the merchandise by LIMAL as part of a purchase using the "Shopping cart function" represents a legally binding offer.
(bb) The Customer places the merchandise in the shopping cart by clicking on the "Add to shopping cart" button.
(cc) The Customer enters the required data in the order screen.
(dd) Next, the Customer clicks on the "Proceed to checkout" button.
(ee) Until confirmation by clicking on the "Buy and Pay" button, the Customer can change the order data at any time.
(ff) Once the Customer has clicked on that button, it submits a binding declaration on its application for the conclusion of a contract (acceptance) to LIMAL. At the same time, it accepts the Terms and Conditions of LIMAL, which can be reviewed at the end of the item description.
(gg) Immediately after submitting the order, the Customer will receive a confirmation of receipt of the order and the conclusion of the contract via eBay at it stated e-mail address. It will then receive a confirmation e-mail from LIMAL sent to its stated e-mail address.
(d) Price proposal function
(aa) The placement of the merchandise by LIMAL as part of a Buy it Now auction represents a legally binding offer.
(bb) The Customer enters the required data and its price proposal in the order screen. The price proposal will be valid for 48 hours maximum or until such time the offer is ended.
(cc) Until confirmation by clicking on the "Submit price proposal" button, the Customer can change the order data at any time.
(dd) Once the Customer has clicked on that button, it submits a binding declaration on its application for the conclusion of a contract (offer) to LIMAL. At the same time, it accepts the Terms and Conditions of LIMAL, which can be reviewed at the end of the item description.
(ee) Immediately after submitting the price proposal, the Customer will receive a confirmation of the submission of the price proposal via eBay at its stated e-mail address. The automatic e-mail confirmation does not constitute the conclusion of a contract. If LIMAL accepts the price proposal, the customer will receive an e-mail via eBay confirming the conclusion of a contract. It will then receive a confirmation e-mail from LIMAL sent to its stated e-mail address.
(2) The contract language is German.
(3) LIMAL saves the contract text and sends the order data to the Customer via e-mail. It is also possible to retrieve the contract data within a period of 90 days from conclusion of contract free of charge via the Internet at http://www.ebay.de/. After that, the order data will no longer be accessible via the Internet.
§ 3 Prices
All prices are indicated in EURO including legal value added tax as applicable at the time of ordering.
§ 4 Payment term
(1) On principle, the purchase price plus shipping costs is payable immediately upon conclusion of contract.
(2) Deviating from § 4 para. 1 of these Terms and Conditions, if the payment method Invoice is selected, the purchase price becomes payable within 14 days from receipt of the invoice, unless the Customer is a consumer in accordance with § 1 para. 3 of these Terms and Conditions and has not been informed of the consequences of the failure to observe the payment deadline in the invoice or the payment schedule.
§ 5 Method of payment
(1) The purchase price plus shipping costs can be paid at the buyer's choice using one of the payment methods indicated during the ordering process.
(2) LIMAL offers the following methods of payment: payment in advance, bank transfer, invoice and PayPal.
(3) If the payment method Invoice is selected, LIMAL assigns the purchase price claim to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal). Accordingly, the purchase price must be transferred to PayPal. The buyer does not require a PayPal account to be able to make the bank transfer. As part of every transaction, PayPal verifies the credit rating of the Customer. The Customer can find more detailed information at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE (Version: 01.07.2015).
§ 6 After-sales service / complaints handling procedure
(1) The LIMAL customer services is available for questions and complaints from Monday to Friday from 10:00 – 15:00 (Fax: 04321/4990982, e-mail: service@limal.de).
(2) If a Customer submits its complaint to LIMAL, the Customer will be contacted by LIMAL by either e-mail, phone or mail. The complaint will be filed with the purchase procedure of the Customer.
§ 7 Reservation of title
LIMAL reserves the title in respect of the delivered item until full payment of the purchase price.
§ 8 Warranty / statutory warranty rights
The Customer is entitled to the statutory warranty rights.
§ 9 Consumer dispute settlement procedures
We are not participating in a dispute settlement procedure before a consumer sacking agency.
§ 10 Final clauses
(1) German law with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods shall apply. This does not affect any mandatory provisions of the country in which the Customer has its usual residence.
(2) If any provision of these Terms and Conditions is ineffective or inconsistent with the legal regulations, this shall not affect the remaining provisions of the contract. The ineffective provision shall be replaced by the relevant legal provision.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, any disputes resulting from this contract shall be settled by a court having jurisdiction at the domicile of LIMAL.
Version of the Terms and Conditions: 01.02.2017