GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION & INFORMATION ON DATA PROTECTION
A. Terms and Conditions with Customer Information
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Dogan und von Borczyskowski GbR (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") has with the seller with regard to the seller the goods presented on the internet trading platform eBay (hereinafter "eBay"). The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The conclusion of the contract on eBay is based on § 7 of the General Terms and Conditions for the use of German eBay services:
2.1.1 Auction format / buy it now function
If the seller places an item in an auction format on eBay, he makes a binding offer to conclude a contract for this item. He determines a starting price and a period within which the offer can be accepted (offer duration). 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.
The customer accepts the offer by submitting a bid. To do this, the customer first enters the amount of his maximum bid in the input field provided on the seller's offer page and then goes through the further steps specified by eBay. Finally, the customer clicks on the “Confirm bid” button. Acceptance is subject to the condition precedent that the customer is the highest bidder after the end of the offer period. A bid expires if another buyer makes a higher bid during the offer period. If the seller terminates the bid prematurely, a contract is formed between the seller and the highest bidder, unless the seller was entitled to withdraw the bid and cancel the existing bids.
The seller can also provide offers in the auction format with a buy-it-now function. This can be exercised by the customer as long as no bid has been placed on the item or a minimum price has not yet been reached. The customer accepts the offer by clicking on the "Buy it now" button and then confirming it. If the shopping cart function is also available for the offer, the customer can also accept the offer by placing the item in the shopping cart and completing the immediately subsequent payment process. The customer can choose whether to log into his existing eBay account for the order, whether to create a new eBay account for the order or whether to place the order as a "guest" without registering on eBay.
2.1.2 fixed price format
If the seller places an item on eBay in a fixed-price format, he is making a binding offer to conclude a contract for this item. The customer accepts the offer by clicking on the "Buy it now" button and then confirming it. In the case of fixed-price offers where the seller has selected the “immediate payment” option, the customer accepts the offer by clicking on the “Buy it now” button and completing the immediately subsequent payment process. If the shopping cart function is also available for the offer, the customer can also accept the offer by placing the item in the shopping cart and completing the immediately subsequent payment process. The customer can choose in each case whether he logs into his existing eBay account for the order, whether he creates a new eBay account for the order or whether he executes the order as a "guest" without registering on eBay. Finally, the customer clicks on the "Buy" button or - when ordering as a "guest" and/or when ordering via the shopping cart function - on the "Buy and pay" button.
2.1.3 "Offer to Losing Bidder" procedure
The customer first receives an email from eBay with the subject "Offer to unsuccessful bidders". In the message sent to him, the customer either clicks on the "Call up item" button or on the "Reply now" button and then goes through the further steps specified by eBay. Finally, the customer clicks on the "Buy" button, thereby accepting the seller's offer.
2.1.4 “Price Proposal” Procedure
If the "Suggest price" button is displayed in the seller's offer, the customer can suggest a price to the seller at which he would buy the item. On the seller's offer page, the customer first clicks on the "Suggest price" button and then goes through the further steps specified by eBay. Finally, the customer clicks on the “Send price proposal” button. The Seller may immediately accept, immediately reject or reconsider the Customer's price proposal, i.e. accept, reject or reject it by means of a counter-proposal within the maximum 48-hour period indicated on the site. If the seller rejects the price proposal, the customer can submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the price proposal with a counter proposal, the customer can accept or reject the counter proposal by clicking on the “Accept price proposal” button or reject it with a counter proposal by clicking on “send counter proposal” within the period of maximum 48 hours displayed on the page “ clicks. In the latter case, the aforementioned steps must be repeated.
2.2 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with the present General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this. In addition, the text of the contract is archived on eBay and can be called up free of charge by the customer for a period of 90 days after the conclusion of the contract at www.ebay.de, stating the relevant item number. To display the article page with the contract text, the customer can enter the associated article number in the search field on the eBay homepage and click on the "Find" button.
2.3 In all of the above procedures, the customer can recognize, check and correct his entries as follows:
After clicking on the input button (e.g. "Bid", "Buy it now", "Add to shopping cart", "Suggest price", "Check price proposal" or "Send new price proposal"), the customer can transfer his entries to the check the following confirmation pages again. If he would like to correct his entries, he can either switch back to the eBay item page by clicking the "Back" button on his browser or cancel the process by closing the browser window and call up the eBay item page again later. The desired corrections can then be made again using the usual keyboard and mouse functions in the corresponding input fields.
2.4 Only the German language is available for the conclusion of the contract.
3) Right of Withdrawal
3.1 Information on the right of cancellation can be found in the seller's cancellation policy.
3.2 The seller grants a corresponding contractual right of withdrawal to a customer who is acting as an entrepreneur, provided that the goods are marked as "eBay Plus" items and the entrepreneur participates in the "eBay Plus" loyalty program at the time the goods are ordered.
4) Prices and terms of payment
4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer on the seller's item page on eBay.
4.4 When using the payment processing offered by eBay, this takes place via eBay S.à rl, 22-24 Boulevard Royal, L2449 Luxembourg ("eBay Sarl"), to which the seller assigns his payment claim against the customer. The payment methods offered are communicated to the customer on the seller's article page. eBay Sarl can use the services of third-party payment service providers for this purpose. eBay Sarl reserves the right to carry out a credit check for certain payment methods. Further information on making the payment will be given during the ordering process.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer on eBay is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the carrier,
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Pickup is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by email
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights and claims due to defects are excluded;
the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 If the customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following number: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the customer before submitting his contractual declaration was specifically informed of the shortening of the limitation period.
7.4 The limitations of liability and shortening of deadlines set out above do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.5 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.6 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.7 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
B. Information on data protection
1) Information about the collection of personal data and contact details of the person responsible
1.1 In the following we inform you about the handling of your personal data when using our eBay presence. Personal data is all data with which you can be personally identified.
1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Dogan und von Borczyskowski GbR, Buschweg 7, 45896 Gelsenkirchen, Germany, Tel.: +4915227179749, email: patrick@bnbsports.de. The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
2) Contact
When contacting us, personal data may be collected, which we store and use in accordance with Article 6 (1) (f) GDPR solely because of our legitimate interest in responding to your request. In the case of contract-related inquiries, the additional legal basis for data processing is Art. 6 (1) (b) GDPR.
3) Use of your data for direct marketing
If you subscribe to our newsletter as a registered eBay member, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) GDPR. When you register for the newsletter, you automatically include us as a "saved seller" in your "My eBay" settings. You can unsubscribe from the newsletter at any time by deleting us as a saved seller in your settings on "My eBay". Your e-mail address will then be deleted from the newsletter distribution list immediately, unless we are legally permitted to use the data further in individual cases.
4) Data processing for order processing
4.1 service provider
- eBay Fulfillment Program
The order processing takes place via the service provider "eBay" (eBay Group Services GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow) or one of its subsidiaries via the "ebay Fulfillment Program". As part of the program, eBay organizes the delivery of shipments by commissioning suitable shipping companies. Your personal data will only be passed on to eBay and by eBay to the shipping company commissioned to process the online order. The transfer takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR and only to the extent that this is necessary for order processing. Details on data protection on eBay and eBay's data protection declaration can be viewed under the following link:https://www.ebay.de/help/policies/member-behavior-policies/datenschutzerklrung?id=4260
4.2 Insofar as it is necessary for the delivery of the goods, we will pass on your personal data to the transport company commissioned with the delivery as part of the contract processing in accordance with Article 6 (1) (b) GDPR.
If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to inform you within the scope of our legal information obligations in accordance with Art. 6 Para 1 lit. c GDPR via a suitable communication channel (e.g. by post or e-mail) about upcoming updates in the period stipulated by law. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question.
We will inform you explicitly below about the processing of your data by the payment service provider that can be selected on eBay.
4.3 In the course of the "payment processing by eBay" we first pass on your payment data - if necessary - to eBay S.à.rl, 22-24 Boulevard Royal, L2449 Luxembourg ("eBay") in accordance with Art. , continue. When paying by direct debit or credit card, eBay processes your payment itself. When paying via PayPal, Apple Pay, Google Pay or Klarna Sofortüberweisung (Sofort), eBay transmits your payment data required to carry out the payment in accordance with Article 6 Paragraph 1 Letter b GDPR to the selected payment service provider:
- PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg
- Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland
- Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google")
- SOFORT GmbH, Theresienhöhe 12, 80339 Munich as part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm , Sweden).
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
Right to information according to Art. 15 GDPR;
Right to rectification according to Art. 16 GDPR;
Right to erasure according to Art. 17 GDPR;
Right to restriction of processing in accordance with Art. 18 GDPR;
Right to information according to Art. 19 GDPR;
Right to data portability according to Art. 20 GDPR;
Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR;
Right to complain according to Art. 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF A BALANCING OF INTERESTS IN OUR PREVIOUS LEGITIMATE INTERESTS, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. HOWEVER, FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING IS FOR THE CERTIFICATION, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU MAY OBJECT AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and, if necessary, additionally based on the respective statutory retention period.
If personal data is processed on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data will be stored until the data subject revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object in accordance with Article 21 (1) GDPR, unless we have compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Otherwise, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
7) Reference to the eBay privacy policy
The eBay platform is responsible for all other data processing that goes beyond the data processing described above. Further information on eBay data protection is available here: https://pages.ebay.de/help/policies/privacy-policy.html?rt=nc
