General terms and conditions
1. Scope
2. Contractual partner, formation of contract, options for corrections
3. Contract language, saving of the contract text
4. Delivery conditions
5. Payment
6. Right to cancel
7. Retention of title
8. Damage during delivery
9. Warranty and guarantees
10. Liability
11. Dispute resolution
12. Protection of minors
13. Final provisions
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,
options for corrections
2.1 Contractual partner
The contract is concluded with Niklas Donner, Premiumstuff.
2.2 Formation of contract
Auction format
If we place a product in the auction or fixed-price format, we are making a binding
offer to conclude a contract for that product. 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 product.
You accept the offer by clicking on the “Buy It Now” button and then confirming finally.
With fixed-price products, 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 products by (if
available) placing the products 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 product. 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 product 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 product.
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
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
Delivery options
We ship the products to the delivery address specified in the order process.
You are entitled to collect your order from Niklas Donner, Mutschenweg 5, 47877
Willich, Deutschland during the following hours of business: Nach Absprache
5. Payment
The following payment methods are basically available in our eBay-shop. The payment
is managed by eBay:
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe)
S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ( PayPal ), you must
be registered with PayPal, legitimise yourself with your access data and confirm the
payment instruction. Directly after submitting your order, the payment transaction is
carried out automatically by PayPal. You will receive additional information during the
ordering process.
PayPal may offer registered PayPal customers further payment modalities in the
customer account selected according to its own criteria. However, we have no
influence on the offering of these modalities; further individually offered payment
modalities affect your legal relationship with PayPal. You can find more information on
this in your PayPal account.
Direct debit via PayPal
Precondition for payment by direct debit via PayPal is an address and credit check, the
payment is made directly to PayPal. By confirming the payment instruction, you grant
PayPal a direct debit mandate. You will be informed by PayPal about the date your
account is charged (so-called prenotification).
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One
Apple Park Way, Cupertino, CA 95014, USA ( Apple ), you must use the Safari
browser, be registered with Apple, have activated the Apple Pay function, legitimise
yourself with your access data and confirm the payment instruction. The payment
transaction is processed immediately after placing the order. You will receive further
information in the ordering process.
Google Pay
To pay the invoice amount via Google Pay, you must be registered with the service
provider Google. You must have activated the Google Pay function, identify yourself
with your access data and confirm the payment instruction. The payment transaction
will be carried out immediately after placing the order. You will receive further
instructions during the ordering process.
Credit card
When you place your order, you provide your credit card details. After your
legitimation as a legitimate cardholder, the payment transaction will be carried out
automatically and your card will be charged.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen
46, 111 34 Stockholm, Sweden ( Klarna ) we offer you the following payment options.
Unless otherwise specified below, payment via Klarna requires a successful address
and credit check and is made directly to Klarna. Further information is provided with
the respective payment option and in the ordering process.
Purchase on account via Klarna
The invoice amount is due 14-30 days after shipping the goods and receipt of the
invoice.
Klarna may offer registered Klarna customers further payment modalities in the
customer account selected according to its own criteria. However, we have no
influence on the offering of these modalities; further individually offered payment
modalities affect your legal relationship with Klarna. You can find more
information on this in your Klarna account.
Financing via Klarna
You can pay the invoice amount within 36 monthly instalments. Some orders may
require a deposit. The due date is based on Klarna s payment schedule. The
Klarna instalment payment method can only be used by consumers.
Klarna may offer registered Klarna customers further payment modalities in the
customer account selected according to its own criteria. However, we have no
influence on the offering of these modalities; further individually offered payment
modalities affect your legal relationship with Klarna. You can find more
information on this in your Klarna account.
SOFORT/Sofortüberweisung via Klarna
In order to pay the invoice amount via Sofort/Sofortüberweisung via Klarna, you
must have a Klarna account and a bank account that is activated for online
banking, identify yourself accordingly and confirm the payment instruction. Klarna
does not perform a solvency check for payments via instant transfer. Your
account will be debited immediately after placing the order. Further information
will be provided during the ordering process.
6. Right to cancel
You are entitled to the statutory right to cancel, as described in the instructions on the
right to cancel.
7. Retention of title
The product shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the product
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.
We shall release the securities to which we are entitled at your request to the extent
that the realisable value of the securities exceeds the value of the open claims by
more than 10%.
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.
Applicability of the statutory guarantee provisions
Unless expressly agreed otherwise below, the statutory guarantee provisions (liability
for defects) shall apply. With respect to consumers, the staturory guarantee provisions
of the country of their respective habitual residence shall apply.
The following limitations and reductions of time periods with respect to
businesses/merchants shall not apply to claims based on damage caused by us, our
legal representatives or vicarious agents
in the event of injury to life, limb or health
in case of intentional or grossly negligent breach of duty as well as fraudulent
intent
in the event of a breach of essential contractual obligations, the fulfilment of
which is a prerequisite for the proper performance of the contract and on the
observance of which the contractual partner may regularly rely (cardinal
obligations)
within the scope of a voluntary guarantee, if agreed, or
within the scope of application of the Product Liability Act
(Produkthaftungsgesetz).
Restrictions in relation to businesses
In relation to businesses, only our own specifications and the manufacturer s product
descriptions included in the contract shall be deemed to be an agreement on the
quality of the goods; we shall not accept any liability for public statements made by
the manufacturer or other advertising statements. For businesses, the limitation period
for claims for defects in newly manufactured goods is one year from the transfer of
risk. The previous sentence does not apply to an item that has been used for a building
in accordance with its customary use and has caused the building to be defective. The
sale of used goods is subject to the exclusion of any warranty. The statutory limitation
periods for the right of recourse according to § 445a BGB (German Civil Code) remain
unaffected.
Note to merchants ( Kaufleute in accordance with HGB - German
Commercial Code)
Among merchants ( Kaufleute ), the obligation to examine and give notice of defects
regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give
notice as regulated therein, the goods shall be deemed to have been approved, unless
the defect was not recognisable during the inspection. This does not apply if we have
fraudulently concealed a defect.
Voluntary guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact
conditions can be found with the product and on special information pages in the
online shop, if applicable.
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. Dispute resolution
12. Protection of minors
Insofar as your order is comprised of products, whose sale is subject to age
restrictions, through the use of a reliable procedure, including a personal identity and
age check, we shall ensure that the purchaser has reached the required minimum age.
If a delivery is made, the deliverer shall only hand over the goods after an age check
and only to the purchaser in person.
13. Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention.
In order to settle disputes arising from a contractual relationship with a consumer or
from whether such a contractual relationship exists at all, we are willing to participate
in dispute settlement proceedings before a consumer dispute resolution body.
Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V. is
responsible for providing you with information and referring you to the appropriate
entity for alternative dispute resolution.
Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
mail@universalschlichtungsstelle.de
