General terms and conditions
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
2.1 Contractual partner
The contract is concluded with Comic-Squad.
2.2 Formation of contract
Auction format
If we place an article in the auction or fixed-price format, we are making a binding offer to conclude a contract for that article. 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 article.
You accept the offer by clicking on the “Buy It Now” button and then confirming finally. With fixed-price articles, 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 articles by (if available) placing the articles 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 article. 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 article 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 article.
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, English
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
You are entitled to collect your order from David Keller, Erfurter Str. 6, 41069 Mönchengladbach, Germany during the following hours of business: Montag - Freitag
5. Payment
The following payment methods are basically available in our shop. The payment is processed 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.
Apple Pay
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Google Pay
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
Direct debit via RatePAY
If you have selected direct debit via RatePAY, you do not need to be registered with RatePAY to pay the invoice amount. With confirmation of the payment instruction, you are granting RatePAY a direct debit mandate. RatePAY will inform you of the date the account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, RatePAY requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further information during the ordering process.
Sofort by Klarna
After submitting your order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, legitimize yourself accordingly and confirm the payment order to eBay. Further information can be found during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
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 goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods 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.
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.
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. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
12. Protection of minors
Insofar as your order is comprised of goods, 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. 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.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
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