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General terms and conditions with customer information & information on data protection
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A. General Terms and Conditions with Customer Information
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1) Scope
1.1 These General Terms and Conditions (hereinafter GTC ) of D&G Nasuto GmbH (hereinafter Seller ) apply to all contracts that a consumer or entrepreneur (hereinafter Customer ) concludes with the Seller with regard to the goods presented by the Seller on the eBay Internet trading platform (hereinafter eBay ). The inclusion of the Customer s own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these 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 The conclusion of the contract on eBay is governed by Section 7 of the General Terms and Conditions for the use of German eBay services:
2.1.1 Auction format / Buy it now function
If the seller lists an item in auction format on eBay, he makes a binding offer to conclude a contract for this item. He sets a starting price and a period 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 placing a bid. To do this, the customer first enters the amount of their maximum bid in the input field provided on the seller s offer page and then goes through the other steps specified by eBay. Finally, the customer clicks on the Confirm bid button. Acceptance is subject to the suspensive condition that the customer is the highest bidder after the offer period has expired. A bid expires if another buyer places 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 cancel the existing bids.
The seller can also provide offers in auction format with a Buy It Now function. The customer can use this 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 It 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 payment process that immediately follows. 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 place the order as a guest without registering with eBay. The customer then clicks on the Buy button or - when ordering as a guest and/or when ordering using the shopping cart function - on the Buy and pay button.
2.1.2 Fixed price format
If the seller lists an item in fixed price format on eBay, he or she 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 for which the seller has selected the immediate payment option, the customer accepts the offer by clicking the Buy Now button and completing the payment process that immediately follows. 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 payment process that immediately follows. The customer can choose whether to log into his or her existing eBay account to place the order, whether to create a new eBay account for the order, or whether to place the order as a guest without registering with eBay. 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 unsuccessful bidders” procedure
The customer first receives an email from eBay with the subject Offer to unsuccessful bidders . In the message sent to him, the customer clicks either on the View item button or on the Reply now button and then goes through the other steps specified by eBay. Finally, the customer clicks on the Buy button, thereby accepting the seller s offer.
2.1.4 “Suggest a price” procedure
If the Suggest price button is displayed in the seller s offer, the customer can suggest a price to the seller 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 other steps specified by eBay. Finally, the customer clicks on the Send price suggestion button. The seller can immediately accept, immediately reject or reconsider the customer s price suggestion, i.e. accept, reject or reject it with a counter-proposal within the maximum period of 48 hours displayed on the page. If the seller rejects the price suggestion, the customer can make 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 the counter-proposal within the maximum period of 48 hours shown on the page by clicking on the Accept price proposal button, reject it or reject it with a counter-proposal by clicking on Send counter-proposal . In the latter case, the above steps must be repeated.
2.2 The contract text is saved by the seller and sent to the customer after conclusion of the contract together with these general terms and conditions and customer information in text form (e.g. email, fax or letter). The seller does 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 by specifying the corresponding article number. To display the article page with the contract text, the customer can enter the corresponding article number in the search field on the eBay homepage and click on the Find button.
2.3 In all the above-mentioned procedures, the Customer can identify, check and correct his entries as follows:
After clicking the input button (e.g. Bid , Buy Now , Add to Cart , Suggest Price , Review Price Suggestion or Send New Price Suggestion ), the customer can check his entries again on the subsequent confirmation pages. If he wants 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 calling up 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 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
3.1 Information on the right of withdrawal can be found in the seller’s cancellation policy.
3.2 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and payment terms
4.1 The prices stated by the seller are total prices. Sales tax is shown unless the goods are subject to differential taxation in accordance with Section 25a of the VAT Act. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer on the seller’s item page on eBay.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal ), subject to the relevant PayPal terms of use. If the customer chooses to pay by direct debit to PayPal - if offered - PayPal will debit the invoice amount from the customer s bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance notification period. Advance notification ( pre-notification ) is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
4.6 If the payment processing offered by eBay is used, this is done via eBay S.à rl, 22-24 Boulevard Royal, L2449 Luxembourg ( eBay Sarl ), to which the seller assigns its payment claim against the customer. The payment methods offered are communicated to the customer on the seller s item page. eBay Sarl may use the services of third-party payment service providers for this purpose. eBay Sarl reserves the right to carry out a credit check for certain payment methods. Further information on making the payment is provided during the ordering process.
5) Delivery and shipping conditions
5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided by the customer to eBay is decisive.
5.2 If the 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 to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller s cancellation policy apply to the return costs.
5.3 In the case of self-collection, the seller will first inform the customer by email that the goods ordered by him are ready for collection. After receiving this email, the customer can collect the goods from the seller s headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the statutory liability for defects applies.
7.2 The following applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply.
- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.
8) Applicable law
8.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
8.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer s professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer s place of business.
10) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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B. Information on data protection
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1) Information about the collection of personal data and contact details of the controller
1.1 Below we will inform you about how we handle your personal data when you use our eBay site. Personal data is all data that can be used to identify you personally.
1.2 The controller responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is D&G Nasuto GmbH, Schönstraße 35, 81543 München, Germany, Tel: +49 175 8879 560, Email: sales@six-coins.com. The controller 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 Art. 6 (1) (f) GDPR solely because of our legitimate interest in answering your request. For contract-related inquiries, the additional legal basis for data processing is Art. 6 (1) (b) GDPR.
3) Use of your data for direct marketing
If you subscribe to our newsletter as a registered eBay member, you give us your consent to use your personal data in accordance with Art. 6 Paragraph 1 Letter a of GDPR. By registering for the newsletter, you automatically add 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 the data further in individual cases.
4) Data processing for order processing
4.1 Service providers
- BaseLinker
Order processing (in particular invoice creation) is carried out by the service provider BaseLinker (BaseLinker Sp. z o.o [LLC], Wrocław, Pl. Solny 15, 50-062). Name, address and any other personal data will be passed on to BaseLinker in accordance with Art. 6 Paragraph 1 Letter b of GDPR solely for the purpose of processing the online order. Your data will only be passed on if this is actually necessary for processing the order. Details on data protection at BaseLinker and BaseLinker s data protection declaration can be viewed on the BaseLinker website at BaseLinker.com.
4.2 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 Art. 6 (1) (b) GDPR.
If the option “Payment processing by eBay” is available to you when concluding a contract with us on eBay (you can tell this because payments can be made via Apple Pay and Google Pay), we will initially pass on your payment data - where necessary - to eBay S.à.rl, 22-24 Boulevard Royal, L2449 Luxembourg ( eBay ) in accordance with Art. 6 Paragraph 1 Letter b of GDPR. If you pay by direct debit or credit card, eBay will process your payment itself. If you pay via PayPal, Apple Pay and Google Pay, eBay will transmit your required payment data to the selected payment service provider to process the payment in accordance with Art. 6 Paragraph 1 Letter b of GDPR.
If the option “payment processing by eBay” is not available to you when concluding a contract, we will transmit your data - if necessary - directly to the selected payment service provider in accordance with Art. 6 (1) (b) GDPR.
Below we will explicitly inform you about the processing of your data by the payment service providers selectable on eBay.
4.3 When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - purchase on account or payment in installments via PayPal, your payment data will be passed on to PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter PayPal ) as part of the payment processing. The data will be passed on in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for the payment processing.
For further information on data protection, please refer to PayPal’s privacy policy: https: www.paypal.com/de/webapps/mpp/ua/privacy-full
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive rights as a data subject (rights to information and intervention) vis-à-vis the controller with regard to the processing of your personal data, about which we will inform you below:
- Right to information according to Art. 15 GDPR;
- Right to rectification in accordance with Art. 16 GDPR;
- Right to erasure pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to information in accordance with Art. 19 GDPR;
- Right to data portability according to Art. 20 GDPR;
- Right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR;
- Right to complain according to Art. 77 GDPR.
5.2 RIGHT OF OBJECTION
IF WE PROCESS YOUR PERSONAL DATA BASED ON OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCE OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration for which personal data is stored is determined based on the respective legal basis, the purpose of processing and, if applicable, also on the respective statutory retention period.
When personal data is processed on the basis of an explicit consent in accordance with Art. 6 (1) (a) GDPR, these data will be stored until the data subject revokes his or her consent.
If there are statutory retention periods for data that are processed within the framework of legal or quasi-legal obligations on the basis of Art. 6 (1) (b) GDPR, these data will be routinely deleted after expiry of the retention periods, provided that they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.
When processing personal data on the basis of Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which outweigh 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 Art. 6 (1) (f) GDPR, these data will be stored until the data subject exercises his or her right of objection in accordance with Art. 21 (2) 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 on eBay s data protection can be found here: https: pages.ebay.de/help/policies/privacy-policy.html?rt=nc
