Categories
Informations
| OUR GENERAL TERMS AND CONDITIONS |
|
§ 1 Preface, Area of Application
(1) The following General Terms and Conditions regulate the contractual relationship between SOL-EXPERT - Christian Repky and the consumers and businesses (called "Buyer" in the following) who purchase merchandise from SOL-EXPERT - Christian Repky through the online shop or rather the eBay market place. In each case the version valid at the time of contract conclusion is relevant. (2) Consumers in terms of these Terms and Conditions are natural persons who enter into business relations with SOL-EXPERT - Christian Repky without this being able to be attributed to their commercial or freelance occupational activity. Businesses in terms of these Terms and Conditions are natural persons and legal entities or private companies having legal capacity, who/which enter into business relations with SOL-EXPERT - Christian Repky in exercising their commercial or freelance occupational activity. § 2 Contract Conclusion (1) Contract conclusion for items which are posted in the selling format auction a) By listing an item in the online shop or rather on the eBay website SOL-EXPERT - Christian Repky submits a binding offer for the conclusion of a contract for this item. In doing so, SOL-EXPERT - Christian Repky determines the starting bid and a time limit (duration of the offer) within which the offer can be accepted by bidding. Furthermore, SOL-EXPERT - Christian Repky determines a minimum price which is not visible to the Buyer, for auctions which are provided with the option "minimum price". b) The customer accepts the offer by submitting a bid using the bidding function. The bid expires when another bidder submits a higher bid during the duration of the offer.
c) The contract between SOL-EXPERT - Christian Repky and the Buyer is concluded when the Buyer is the highest bidder at the end of the auction or when the auction is ended before expiration of the offer by SOL-EXPERT - Christian Repky unless SOL-EXPERT - Christian Repky was legally entitled to withdraw the offer and to delete the existing bids. However, the contract is not concluded in auctions which are provided with the option "minimum price" if the Buyer's bid does not achieve the minimum price. (2) Contract conclusion for fixed price items a) By listing an item on the eBay website with the "Buy It Now" or " Now+New??" option, SOL-EXPERT - Christian Repky submits a binding offer for the conclusion of a contract for this item (fixed price offer). In doing so, SOL-EXPERT - Christian Repky determines a fixed price at which this offer can be accepted, independent of the expiration of the offer's time limit and without the procedure of an auction for this fixed price. The fixed price offer from 1zu87modellbau can be additionally provided with the option "Best Offer". b) The contract between SOL-EXPERT - Christian Repky and the Buyer is concluded when the Buyer places a bid amounting to the fixed price using the bidding function. c) Should the Buyer place a bid in line with the option "Best Offer" which is less than the fixed price, a contract is concluded if 1zu87modellbau accepts the bid. Should SOL-EXPERT - Christian Repky submit a counterbid to the Buyer, the bid is regarded as rejected. In this event, a contract is concluded if the Buyer accepts the counterbid. Bid and counterbid are binding and maintain their validity for 48 hours. § 3 Payment, Payment Dates, Default of Payment (1) The payment of the merchandise is effected according to the payment terms of SOL-EXPERT - Christian Repky. (2) The purchase price is to be paid immediately after contract conclusion. (3) Should the Buyer be in default of payment, he/she is, in the meantime, responsible for all negligence. Because of the payment, he/she is also liable for fortuity unless the damage would also have occurred in the case of punctual payment. (4) Interest is to be paid on the purchase price during the default. The interest rate on arrears for the year amounts to five percentage points above the base interest rate. The interest rate amounts to eight percentage points above the base interest rate for legal transactions in which a consumer is not involved in. (5) The assertion of further damage claims is not excluded. § 4 Delivery, Passing of Risk (1) The delivery is effected, subject to the payment terms indicated in the online shop or rather eBay offer, immediately after contract conclusion to the address communicated by the Buyer. (2) a) Passing of risk if the Buyer is a consumer The risk of accidental loss or the accidental deterioration of the object of purpose is passed onto the Buyer upon delivery of the object of purchase.
b) Passing of risk if the Buyer is a merchant The risk of accidental loss or the accidental deterioration of the object of purchase is passed onto the Buyer as soon as SOL-EXPERT - Christian Repky has handed over the object of purchase to the forwarding agent, the freight carrier or any other person or establishment assigned to execute delivery.
§ 5 Retention of Title The object of purchase remains the property of SOL-EXPERT - Christian Repky until complete payment has been effected. A pledging, assignment as security, processing or transformation before transfer of ownership is not permissible without the explicit consent of SOL-EXPERT - Christian Repky. § 6 Prices The indicated price for the object of purchase in the respective offer is quoted as a final price including value added tax and other price components. The price does not include costs for shipping and handling which, if applicable, are indicated separately. § 7 Withdrawal (1) SOL-EXPERT Christian Repky is entitled to withdraw from the contract, also with regard to a still outstanding partial delivery or service, if incorrect information was given regarding the creditworthiness of the Buyer or objective reasons regarding the Buyer's insolvency have arisen, for example filing of insolvency proceedings against the Buyer's assets or the dismissal of such proceedings due to lack of cost-covering assets. Before withdrawal the Buyer is given the opportunity to make an advance payment or provide a suitable security. (2) Irrespective of possible damage claims, already rendered partial services are, as per agreement, to be accounted and paid for in the case of a partial withdrawal. § 8 Guarantee (1) Guarantee for consumers a) SOL-EXPERT - Christian Repky guarantees that the object of purchase is without defects at delivery. Should a material defect arise within six months after delivery of the object of purchase, then it is assumed that the object of purchase was already defective upon delivery unless this assumption is inconsistent with the type of object of purchase or defect. Should the material defect not arise until after six months have elapsed, the Buyer must verify that the material defect already existed upon delivery of the object of purchase. b) Should the object of purchase be defective upon delivery, the Buyer may choose whether the supplementary performance is to be effected by rectification of defects or compensation delivery. SOL-EXPERT - Christian Repky is entitled to reject the chosen type of supplementary performance if it is only possible with disproportional costs and the other type of supplementary performance persists without relevant disadvantages to the Buyer. c) Should the supplementary performance fail, the Buyer can, as a basic principle, demand a reduction of the purchase price (reduction) or cancellation of the contract (cancellation) as well as compensation, according to his/her choice. The Buyer does not have the right of withdrawal in the case of minor defects. d) Buyers' damage claims become time-barred in two years, for the sale of used objects in one year. (2) Guarantee for businesses a) Should the purchase be a commercial transaction for SOL-EXPERT - Christian Repky and the Buyer, the Buyer is to immediately inspect the delivered merchandise in regard to variations in quality and quantity and to report identifiable defects within a time limit of one week as of receipt of the merchandise to SOL-EXPERT - Christian Repky; otherwise the assertion of warranty claims is excluded. Concealed defects are to be reported to SOL-EXPERT - Christian Repky in the written form within a time limit of one week as of detection. Punctual dispatch is sufficient for ensuring the deadline. In this event, the burden of proof for all conditions of entitlement lies entirely with the Buyer, in particular for the defect itself, for the time of detection of the defect and for the punctual claim. b) In the event of defects, SOL-EXPERT - Christian Repky renders guarantee by means of rectification of defects or compensation delivery according to his choice. c) Buyers' damage claims become time-barred in one year. (3) Should SOL-EXPERT - Christian Repky deliver an object of purchase free of defects for the purpose of supplementary performance, SOL-EXPERT - Christian Repky can request the return of the defective object of purchase from the Buyer. (4) Damages which are caused by actions of the Buyer during installation, connection, operation or storage which are improper or contrary to contract, do not justify any claims against SOL-EXPERT Christian Repky. § 9 Limitation of Liability (1) SOL-EXPERT - Christian Repky only assumes liability for damages other than those caused by injury to life, body and health, as far as these damages result from intentional or gross negligent actions or culpable breach of a significant contractual obligation by SOL-EXPERT - Christian Repky or his vicarious agents. Significant to contract is an obligation whose fulfilment enables the proper implementation of the contract in the first place and upon whose compliance with the Buyer may routinely rely. Any further liability for damages is excluded. Claims resulting from a guarantee granted by SOL-EXPERT - Christian Repky for the condition of the object of purchase and the Product Liability Act remain unaffected hereof. (2) According to the current state of technology, it cannot be guaranteed that data communication via the Internet is error-free and/or available at all times. We are therefore not liable for our product range being available in the online shop or rather at the eBay market place at all times. § 10 Applicable Law, Jurisdiction (1) All disputes resulting from this legal relationship are subject to the laws of the Federal Republic of Germany. For consumers, this applicable law only applies to the extent that the guaranteed protection is not revoked by mandatory regulations of the law of the country in which the consumer has his/her habitual residence. The validity of the CISG is excluded. (2) Should the Buyer be a merchant, public entity or special fund under public law, jurisdiction for all disputes resulting from this contract is solely the business location of SOL-EXPERT - Christian Repky. The same applies if the Buyer does not have a general jurisdiction in Germany or if the habitual residence is unknown at the time of filing of action. § 11 Severability Clause Should a provision of these General Terms and Conditions be or become invalid or unexecutable, the remaining provisions of these General Terms and Conditions shall remain unaffected hereof, unless a contract party would be so unacceptably disadvantaged by the omission of an individual provision that an adherence to the contract can no longer be expected of him/her. End of the General Terms and Conditions
|
 |
More about...