General Terms And Conditions

1. scope of application

The following General Terms and Conditions shall apply to all orders placed via our online shop by entrepreneurs.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. No sale to consumers or end customers

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, correction options

The contract of sale is concluded with industrietec Trading M&A OHG.

Auction format

When we list an item in auction or fixed-price format, we make a binding offer to conclude a contract for this item. In doing so, we determine the starting or fixed price and the offer period, i.e. the period within which the offer can be accepted. If we set a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.

In the auction format, we may additionally provide offers 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 case of auctions, you accept the offer by placing a bid. Acceptance is subject to the condition precedent that you are the highest bidder at the end of the offer period. Your bid expires if another buyer places a higher bid during the bidding period.

Fixed price format

When we list items in the fixed price format, we make a binding offer to enter into a contract for that item.

You accept the offer by clicking the "Buy it now" button and then confirming it. In the case of fixed-price items for which we have selected the "Immediate payment" option, you accept the offer by clicking the "Buy now" button and completing the payment process immediately afterwards. You can also accept offers for several items by placing the items (if available) in the shopping basket and completing the payment process immediately afterwards.

Price suggestion option

If you see the "Send Price Suggestion" button below the Buy It Now price in one of our listings, you can suggest a price at which you would buy the item. We may accept your price suggestion, reject it or make a counter offer. When you make a price suggestion to us, you are making a binding offer to enter into a contract for that item at your suggested price. Your price proposal will be valid for 48 hours or until the end of the offer, whichever comes first. If we accept it, a binding contract is concluded. The price proposal always refers only to the price of the item offered.

Correction options

You can recognise 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 the "Back" button on your browser to return to the item page or to the 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 cancelling the purchase process.

3. contract language, contract text storage

The language available for the conclusion of the contract is German.

We store the text of the contract on our systems, which, however, are not accessible to you. However, you can view your most recent orders via your eBay account under "My eBay". The complete contract text is not accessible there.

4. delivery conditions

In principle, you have the option of collecting the goods from industrietec Trading M&A OHG, Jacobsrade 36 a, 22962 Siek, Germany during the following business hours: Mon-Fri. from 9-16:30 hrs.

5. payment

The following payment methods are generally available in our shop:

Prepayment

If you choose payment in advance, we will give you our bank details immediately after the order has been completed and will deliver the goods after receipt of payment.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

Cash payment upon collection

You pay the invoice amount in cash upon collection.

6. right of withdrawal

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 has been made.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us 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. No sale to private individuals

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

In the case of the purchase of used and unused goods (goods of unknown age which have never been used but are nevertheless not newly manufactured goods) by consumers, the following shall apply: if the defect appears after 14 days from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within 14 days of delivery of the goods can be claimed within 14 days of delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

In relation to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).

The aforementioned restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty as well as fraudulent intent

- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

- within the scope of a guarantee promise, insofar as agreed

- insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found in each case 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 shall always be liable without limitation

- in the event of injury to life, limb or health

- in case of intentional or grossly negligent breach of duty

- in the case of warranty promises, insofar as agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, 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 willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

12. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.