Terms & Conditions
We are since 15.07.2016 member of the initiative "FairCommerce".
Further information can be found at www.fair-commerce.de.
Terms and Conditions and Customer Information / Sample Withdrawal Form / Privacy Policy
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Cajo Lorenz) on the Internet platform eBay. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which can be attributed to neither his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is discontinued by us on eBay, is the activation of the offer page on eBay, the binding offer to conclude a purchase contract for the conditions contained in the article page.
(3) For the conclusion of the contract, the eBay terms and conditions, in particular § 6, a corresponding link is on each eBay page below.
Depending on the offer format, the conclusion of the contract is regulated as follows:
"§ 6 Offer formats and conclusion of contract
(...)
2. If a seller uses the eBay services to place an article in the auction or fixed price format, he makes a binding offer to conclude a contract for this article. He determines a start or fixed price and a period within which the offer can be accepted (duration of the offer). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can additionally offer offers in auction format with a Buy It Now feature. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this feature in the future.
(...)
4. For fixed price items, the buyer accepts the offer by clicking on the button "Buy It Now" and then confirming it. For fixed price items where the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button and completing the immediately following payment process. The buyer may also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment transaction.
5. At auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder after expiry of the offer period. A bid expires if another buyer submits a higher bid during the offer period. (...)
6. In the event of premature termination of the offer by the seller, a contract is concluded between the latter and the highest bidder, unless the seller was entitled to withdraw the offer and to cancel these bids.
7. Buyers can only take back bids if there is a legitimate reason to do so. After a legitimate bid redemption comes between the user who is the highest bidder after the auction due to the bid withdrawal and the seller no contract.
8. In certain categories, the seller can provide his offer with a price proposal function. The Price Proposal feature allows buyers and sellers to negotiate the price of an item. (...)
11. If an article is deleted from eBay before the end of the offer period, there will be no effective contract between buyer and seller. "
(4) Buying via the Buy It Now or Bid function
Clicking on the "Buy It Now" or "Bidding" buttons on the article pages does not lead to binding contract declarations. You also have the option to check your entries and correct them via the "Back" button of the Internet browser or to cancel the purchase. Only with the submission of the binding contract declaration does this option no longer exist. From the menu guidance of eBay when making a purchase results, by which statement you enter a binding and by which action the contract comes off.
(5) purchase over the shopping cart (if offered)
By clicking on the "Add to cart" button on the article pages, the goods intended for sale are stored in the "Shopping cart". Afterwards you will see the "shopping cart". Furthermore, you can call up the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the page "Proceed to checkout" and selecting or entering the delivery address and payment method, all order data will finally be displayed on the order summary page.
If you select "PayPal" as your payment method, you will first be taken to a PayPal login window. After successful registration with PayPal you will be redirected to the order summary page on eBay.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By clicking on the button "Buy and pay" you declare legally binding the acceptance of the offer, whereby the purchase contract comes about.
(6) Purchase via the function "Price proposal" (as far as offered)
With the "Price proposal" function, you have the option of submitting a counter offer by clicking on the "Send price proposal" button on the article page, entering your price proposal on the following page, selecting the "Check price proposal" button and on the following page confirm the button "send price proposal" (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your best offer.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Special agreements on offered payment methods
(1) Purchase on account via PayPal
When purchasing on account via PayPal, we will fully and irrevocably transfer our claim against you to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à r.l. et Cie, S.C.A. prior to acceptance of the assignment using the transmitted data performs a credit check.
We reserve the right to refuse this method of payment as a result of the credit check, you will be informed about this in the eBay checkout.
If the invoice is accepted, PayPal (Europe) S.à r.l. et Cie, S.C.A. the assignment, so that debt-discharging payments only to the PayPal (Europe) S.à r.l. et Cie, S.C.A. can be made. The payment period is 14 days from receipt of the goods.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Warranty
(1) The statutory warranty rights exist.
(2) For used goods the warranty period deviates from the legal regulation one year from delivery of the thing. The reduction of the time limit does not apply:
- culpably caused damages due to injury to life, limb or health and for intentional or grossly negligent other damages;
- as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the thing.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the forwarder of any complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
Insofar as no other period is specified in the respective offer or under the correspondingly designated button, the delivery of the goods takes place within 3-5 days after the conclusion of the contract (with agreed advance payment, however, only after the time of your payment instruction).
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment will only be transferred to you upon transfer of the goods, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
7. Legal Liability Right
The liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).
last update: 07.12.2017
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Cajo Lorenz, Averbeck 51, 48619 Heek, fax number: 02568/9359652, e-mail address: cajo.lorenz@t-online.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
(*) Delete as appropriate.
__________________________________________________________________________________________________
When participating in the eBay Plus program, commercial buyers (who, as an eBay Plus member, purchase an item listed on eBay Plus) can also use the model withdrawal form for the revocation.
Data protection
Unless otherwise stated below, the provision of your personal information is neither required by law nor by contract nor required to conclude a contract. You are not required to provide the data. A non-provisioning has no consequences. This applies only insofar as no other information is given in the subsequent processing operations.
"Personal Data" means any information relating to an identified or identifiable natural person.
Collection, processing and transfer of personal data for orders When ordering, we collect and process your personal data only to the extent necessary to fulfill and process your order and to process your requests. The provision of the data is required for the conclusion of the contract. Non-provisioning means that no contract can be concluded. Processing is based on Art. 6 para. 1 lit. b DSGVO and is required to fulfill a contract with you. For example, your data may be forwarded to your selected shipping companies and dropshipping providers, payment service providers, order processing service providers and IT service providers. In all cases, we strictly adhere to the legal requirements. The amount of data transmission is limited to a minimum.
Data collection and processing in the payment method Purchase on account via PayPal
When paying via the payment method "Purchase on account via PayPal" the purchase price claim will be sent to PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg, "PayPal") assigned. The data required for payment processing will be transmitted from eBay to PayPal. For the purpose of its own credit check PayPal transmits data to credit reference agencies (credit reference agencies) and receives from this information as well as creditworthiness information on the basis of mathematical-statistical procedures (probability or score values), in whose calculation among other things address data flow. By selecting the payment method you agree to the transmission of data to PayPal and the execution of credit checks by PayPal. Within the framework of the creditworthiness information PayPal cooperates with credit reference agencies. Detailed information on this and the credit bureaus used are in the privacy policy https://www.paypal.com/webapps/mpp/ua/privacy-full?locale.x=en_US (https://www.paypal.com/en /webapps/mpp/ua/privacy-full?locale.x=en_US) from PayPaypal.
Use of PayPal
All PayPal transactions are subject to the PayPal Privacy Policy. These can be found at https://www.paypal.com/en/webapps/mpp/ua/privacy-prev?locale.x=en_US (https://www.paypal.com/webapps/mpp/ua/ locale.x privacy-prev? = en_US)
Duration of storage
After completion of the contract, the data are initially stored for the duration of the warranty period, then taking into account statutory, especially tax and commercial retention periods and then deleted after the deadline, unless you have agreed to further processing and use.
Rights of the person concerned
You are entitled to the following rights under Art. 15 to 20 GDPR if the legal prerequisites are met: Right to information, to correction, to cancellation, to limitation of processing, to data portability.
In addition, according to Art. 21 (1) GDPR, you are entitled to a right of objection to the processing based on Art. 6 (1) of the GDPR and to processing for the purpose of direct mail.
Contact us on request. The contact details can be found in our imprint.
Right of appeal to the supervisory authority
According to Art. 77 GDPR you have the right to complain to the supervisory authority if you believe that the processing of your personal data is not legal.
right to
The personal data processing listed here is based on our legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO, you have the right, for reasons that arise from your particular situation, to object at any time to these processing operations with effect for the future.
Upon successful opposition, processing of the data in question will cease unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing is for the purposes of asserting, exercising or defending legal claims.
If the personal data processing for purposes of direct mail, you can object to this processing at any time by notifying us. After a contradiction we finish the processing of the data concerned for the purpose of the direct advertisement.
last update: 25.04.2018
Terms & Conditions
We are since 15.07.2016 member of the initiative "FairCommerce".
Further information can be found at www.fair-commerce.de.
Terms and Conditions and Customer Information / Sample Withdrawal Form / Privacy Policy
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to you as a provider (Cajo Lorenz) on the Internet platform eBay. Unless otherwise agreed, the inclusion of any of them is contradicted.
(2) A consumer within the meaning of the present invention shall be deemed to be the person to whom he / she is the sole recipient of the transaction. An entrepreneur is a natural person or a legal partnership that exercises his / her professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is discontinued by eBay, it is the activation of the article on eBay.
(3) For the conclusion of the contract, the eBay terms and conditions, in particular § 6, a corresponding link is on each eBay page below.
Depending on the offer format, the conclusion of the contract is regulated as follows:
"§ 6 Offer formats and conclusion of contract
(...)
2. If a seller uses the eBay services to place an article in the auction or fixed price format, he makes a binding offer to conclude a contract for this article. He determines a start or fixed price and a period in which the offer can be accepted (duration of the offer). If the seller is a minimum price for the auction, the offer is subject to the precondition.
3. The seller offers auction offer with a Buy It Now feature. This can be exercised by a buyer as long as no bid has been made. eBay reserves the right to change this feature in the future.
(...)
4. "Buy It Now" and then confirming it. For fixed price items where the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking the "Buy It Now" button. The buyer may accept the items in the shopping cart (if available) and completing the immediate order
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