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Conditions
Terms and Conditions - General Terms and Conditions
1. Scope The following terms and conditions apply to all orders placed through our eBay shop by consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur 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. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this. 2. Contracting party, conclusion of contract, correction options 2.1 Contracting party The purchase contract is concluded with Smalltinytoystore - owner Manuel Ohle.
2.2 Conclusion of contract If we list an item in the auction or fixed price format, we make a binding offer to conclude a contract for this item. We determine the starting or fixed price and the duration of the offer, i.e. the period within which the offer can be accepted. Further information on the conclusion of the contract can be found under the individual formats: Auction format If we set a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached. We can also provide offers in the auction format with a buy-it-now function, which you can exercise as long as no bid has been placed on the item or the minimum price has not yet been reached. In the auction format, you accept the offer by placing a bid. Acceptance is subject to the condition precedent that you are the highest bidder after the bidding period has expired. Your bid will be void if another buyer places a higher bid during the listing period. Fixed price format If we list items in a fixed price format, we make a binding offer to conclude a contract for this item. You accept the offer by clicking on the "Buy it now" button and then confirming it. For fixed-price items for which we have selected the “immediate payment” option, you accept the offer by clicking on the “buy it now” button and completing the immediately subsequent payment process. You can also accept offers for several items by placing the items (if available) in the shopping cart and completing the payment process immediately afterwards. Price Proposal Option If one of our listings has a "Send Price Proposal" button under the Buy It Now price, you can suggest a price at which you would buy the item. We may accept your price proposal, reject it, or make a counter offer. If you submit a price proposal to us, you make a binding offer to conclude a contract for this item at the price you have proposed. Your price offer is valid for a maximum of 48 hours or until the offer ends, whichever comes first. If we accept it, a binding contract is formed. The price proposal generally only refers to the price for the item offered.
2.3 Correction options You can recognize and correct your entries before submitting the order using the self-explanatory means provided by eBay in the ordering process. To cancel a transaction, press your browser's "Back" button to return to the item page or eBay shopping cart. In the shopping cart you can change the quantity of the products by changing the number of items or delete the item from the shopping cart by clicking on "Remove". Input errors can also be corrected by canceling the purchase process.
3. Contract language, contract text storage The language(s) available for the conclusion of the contract: German, English We store the contract text on our systems, which, however, are not accessible to you. However, you can view your most recent orders under "My eBay" in your eBay account. The full text of the contract is not available there.
4. Terms of delivery Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers. We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment The following payment methods are generally available in our shop. The payment is processed by eBay: PayPal In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must use PayPal be registered, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process. PayPal can offer registered PayPal customers selected according to their own criteria additional payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment methods relate to your legal relationship with PayPal. You can find more information about this in your PayPal account. Apple Pay In order to be able 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, and use the Apple Pay function activated, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process. Google Pay In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, log in with your access data legitimize and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process. Credit card Enter your credit card details during the ordering process. Your card will be charged immediately after placing the order. Klarna In cooperation with ebay and the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), the following payment options are offered. Payment via Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Purchase on account via Klarna The invoice amount is due between 14-30 days after dispatch of the goods and receipt of the invoice. Please refer to your invoice for the specific payment target. Installment purchase via Klarna You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is EUR 6.95. Sofort by Klarna In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
6. Right of cancellation You are entitled to the statutory right of cancellation as described in the cancellation policy.
7. Retention of title The goods remain our property until full payment. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
9. Warranty and guarantees9.1 Right to liability for defects Unless expressly agreed otherwise, the statutory right to liability for defects applies. The following limitations and shortening of deadlines do 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 the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of a breach of essential contractual obligations, the fulfillment of which is proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or if the scope of application of the Product Liability Act is opened. Restrictions in relation to entrepreneurs In relation to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected. Regulations for merchants The duty to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect. Note to consumers We would like to inform you that when selling used goods to consumers, we may shorten the limitation period for warranty rights to one year from delivery of the goods, provided that we inform you of this and this is expressly and separately agreed. 9.2 Guarantees and customer service Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation • in the case of injury to life, limb or health • in the case of intentional or grossly negligent breach of duty • in the case of promises of guarantee, if agreed, or • as far as the area of application of the Product Liability Act is open. In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected. For the rest, claims for damages are excluded.
11. Dispute resolution The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 2. Protection of minors If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally. In this case, delivery to packing stations is not possible.
3. Final Provisions If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention. General terms and conditions created with the Trusted Shops legal copywriter
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