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 Esther Adeyinka Strahl, trading under De-Bash (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 goods presented by the seller on the Internet trading platform eBay (hereinafter eBay ). The inclusion of the customer s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these General 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 Contracts on eBay are concluded as follows:
2.1.1 Auction format / Buy It Now feature
If the seller lists an item in auction format on eBay, he or she is making a binding offer to conclude a contract for this item. He determines a starting price and a deadline within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the suspensive condition 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 their maximum offer 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 takes place under the suspensive condition that the customer is the highest bidder at the end of the offer period. A bid will expire if another buyer submits a higher bid during the offer period. If the seller terminates the offer prematurely, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and delete the existing bids.
The seller can also add a buy-it-now function to offers in auction format. 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 the “Buy 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 their existing eBay account to place the order, whether to create a new eBay account for the order or whether to carry out the order without logging in to eBay as a “guest”. 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.
2.1.2 Fixed price format
If the seller lists 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 the “Buy Now” button and then confirming it. For fixed-price offers where the seller has selected the “immediate payment” option, the customer accepts the offer by clicking the “Buy 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 whether to log into their existing eBay account to place the order, whether to create a new eBay account for the order or whether to carry out the order without logging in to eBay as a “guest”. 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 “View 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 Suggestion” procedure
If the “Suggest price” button is displayed in the seller’s offer, the customer can suggest to the seller a price 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 it, reject it or reject it by means of a counter-proposal within the maximum period of 48 hours displayed on the Site. If the seller rejects the price suggestion, the customer can submit a new price suggestion by clicking on the “Send new price suggestion” button. If the seller rejects the price proposal with a counter-proposal, the customer can accept or reject the counter-proposal within the maximum period of 48 hours shown on the page by clicking on the “Accept price proposal” button or reject the counter-proposal by clicking on “Send counter-proposal”. “clicks. In the latter case, the aforementioned steps must be repeated.
2.2 The contract text 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, along with these general terms and conditions and customer information. The seller will not make the contract text available beyond this. In addition, the contract text is archived on eBay and can be accessed free of charge by the customer at www.ebay.de for a period of 90 days after conclusion of the contract, providing the corresponding item number. To display the item page with the contract text, the customer can enter the associated item number in the search field on the eBay homepage and click on the Find button.
2.3 In all of the above-mentioned procedures, the customer can recognize, check and correct his entries as follows:
After clicking on the input button (e.g. Bid , Buy now , Add to shopping cart , Suggest price , Check price suggestion or Send new price suggestion ), the customer can submit their entries on the check again on the following confirmation pages. If he would like to correct his entries, he can either go back to the eBay item page by clicking the Back button on his browser or cancel the process by closing the browser window and access the eBay item page again later. The desired corrections can then be made using the usual keyboard and mouse functions in the corresponding input fields.
2.4 To enter the contract you can use German as your prefered language.
3) Right of withdrawal
Information on the right of withdrawal can be found in the seller s cancellation policy.
4) Prices and payment terms
4.1 The prices stated by the seller are total prices. Sales tax is not shown because the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer on the seller s item page on eBay.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery will take place 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 provided by the customer on eBay 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 shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller s cancellation policy.
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 freight carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the The customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability 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.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of supplementary performance;
For new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and shortening of deadlines regulated above do not apply
for claims for damages and reimbursement of expenses by the customer,
in the event that the seller fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defects,
for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.5 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 with this, this will have no impact on his legal or contractual claims for defects.
8) Applicable 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9) Alternative dispute resolution
The seller is neither obliged nor willing to take part in a dispute resolution 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 Below we will inform you about how your personal data is handled when you use our eBay website. 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 Esther Adeyinka Strahl, De-Bash, Rheinstrasse 17a, 46562 Voerde, Germany, Tel.: 015202580584, Email: estherstrahl@gmail.com. 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 processing personal data.
2) Contact us
When you contact us, personal data may be collected, which we store and use in accordance with Article 6 (1) (f) GDPR exclusively because of our legitimate interest in answering your request. For contract-related inquiries, the additional legal basis for data processing is Article 6 (1) (b) GDPR.
3) Use of your data for direct advertising
If you subscribe to our newsletter as a registered eBay member, you give us your consent to use your personal data in accordance with Article 6 (1) (a) GDPR. By registering for the newsletter, you will 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 “My eBay” settings. Your email address will then be immediately deleted from the newsletter distribution list, unless we are legally permitted to use your data further in individual cases.
4) Data processing for order processing
4.1 To the extent 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 will process the contact details you provided when ordering (name, address, email address) in order to provide you with our legal information obligations in accordance with Art. 6 Para . 1 lit. c GDPR to inform you personally about upcoming updates within the legally stipulated period of time. Your contact details will be used strictly for the purpose of communicating updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the respective information.
We will inform you explicitly below about the processing of your data by the payment service provider(s) you can select on eBay.
4.2 By way of “payment processing through eBay”, we initially pass on your payment data – if necessary – to eBay S.à.rl, 22-24 Boulevard Royal, L2449 Luxembourg (“eBay”) in accordance with Art. 6 Para. 1 lit. b GDPR. , further. If you pay by direct debit or credit card, eBay processes your payment itself. When paying via PayPal, Apple Pay, Google Pay or Klarna Sofortüberweisung (Sofort), eBay sends your required payment details to carry out the payment in accordance with Art. 6 Para. 1 lit. 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 “)
- Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”)
- 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 person concerned
5.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible regarding the processing of your personal data, which we will inform you about below:
Right to information in accordance with Art. 15 GDPR;
Right to rectification in accordance with Art. 16 GDPR;
Right to deletion in accordance with Art. 17 GDPR;
Right to restriction of processing in accordance with Art. 18 GDPR;
Right to information in accordance with Art. 19 GDPR;
Right to data portability in accordance with Art. 20 GDPR;
Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR;
Right to complain in accordance with Art. 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROOF COMPLEX REASONS FOR THE PROCESSING THAT ARE worthy of protection, which OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.
6) Duration of storage of personal data
The duration of storage of personal data is determined based on the respective legal basis, the purpose of processing and, if necessary, the respective statutory retention period.
When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data will be stored until the person concerned revokes their consent.
If there are statutory retention periods for data that are processed within the framework of legal or transaction-like obligations on the basis of Art. 6 Para. 1 lit and/or we have no legitimate interest in further storage.
When processing personal data on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until the data subject exercises his or her right to object in accordance with Article 21 Paragraph 1 of the GDPR, unless we can provide compelling legitimate reasons provide evidence for the processing that outweighs 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 Letter f of the GDPR, this data will be stored until the person concerned exercises their right to object in accordance with Article 21 Paragraph 2 of the GDPR.
Furthermore, 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 further data processing that goes beyond the data processing described above. Further information about eBay s data protection can be found here: https: pages.ebay.de /help /policies /privacy-policy.html ?rt=nc
