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General Terms and Conditions and Client Information & Information on Data
Protection
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Table of Contents
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A. General Terms and Conditions and Client Information
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1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Price and Delivery Costs
5. Shipment and Delivery Conditions
6. Liability for Defects
7. Special Conditions for the Processing of Goods According to Client's
Specification
8. Law and Jurisdiction
9. Alternative dispute resolution
B. Information on Data Protection
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1. Information on the Collection of Personal Data and Contact Details of the
Controller
2. Contacting
3. Use of your Data for Sending Newsletters
4. Processing of Data for the Purpose of Order Handling
5. Rights of the Data Subject
6. Duration of Storage of Personal Data
7. Reference to the eBay Privacy Policy
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A. General Terms and Conditions and Client Information
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1) Scope of Application
1.1 These Terms and Conditions (hereinafter to as "GTC" of the company
AUTO-SCHOLZ-AVS GmbH & Co. KG (hereinafter referred to as "Seller”) shall apply
to all contracts concluded between a Consumer or a Trader (hereinafter referred
to as "Client”) and the Seller related to all goods and/or services presented by
the Seller on the eBay trading platform. The inclusion of the Client`s own
conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these GTC is any individual acting for purposes which
are wholly or mainly outside that individual’s trade, business, craft or
profession. A trader pursuant to these Terms and Conditions is any person acting
for purposes relating to that person’s trade, business, craft or profession,
whether acting personally or through another person acting in the trader’s nameor on the trader’s behalf.
1.3 These GTC shall apply accordingly to contracts for the supply of physical
data carriers that serve exclusively as carriers of digital content unless
something to the contrary is regulated in this respect. Digital content within
the meaning of these GTC is data that is created and made available in digital
form.
2) Conclusion of the Contract
2.1 The product descriptions presented by the Seller on the eBay trading
platform do not constitute binding offers on the part of the Seller, but merely
serve the purpose of submitting a binding offer by the Client.
2.2 The Client can place an order via the eBay trading platform. By completing
his personal data and clicking the "submit order" in the final stage of the
ordering procedure the Client's order is deemed to be a legally binding offer to
buy the chosen amount of goods related to the goods displayed in the online
shopping basket.
2.3 The Seller can acknowledge receipt of the Client’s order by sending him an
automatically generated e-mail acknowledging his order. Such an acknowledgement
of receipt is no acceptance of the Client’s order. The Seller can accept the
Client’s offer by sending him a letter or a separate e-mail or a fax accepting
the order or by delivering the goods within five days. With this separate
confirmation the contract will be concluded. The Seller has no obligation to
accept the Client’s offer.
2.4 The contract’s content will be stored by the Seller and will be sent to the
Client in writing including these GTC and Client Information (for example via
e-mail, fax or letter) after the Client has submitted his order. In addition,
the contract’s content will be stored by Ebay and can be found free of charge by
the Client indicating the respective item number under www.ebay.uk, within 90
days after conclusion of the contract. If the client wants to find the product
description site, he has to enter the respective item number in the search box
of the eBay home page and has to click on the button "find”.
2.5 The Client can correct all the data entered via the usual keyboard and mouse
function prior to submitting his binding order. In addition, prior to submitting
the order, all data entered will be displayed in a confirmation window and can
be corrected here as well, via the usual keyboard and mouse function.
2.6 The English and German languages are available for the conclusion of the
contract.
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about
the right of cancellation is provided in the Seller’s instructions on
cancellation.
4) Price and Delivery Costs
4.1 Prices indicated are end prices and include the statutory value-added tax.
Any possible additional delivery and dispatch costs are specified separately in
the respective product description.
4.2 Payment can be made using one of the methods mentioned by the Seller on the
eBay trading platform. If payment in advance has been agreed upon, payment shall
be due immediately upon conclusion of the contract.
4.3 When the payment processing offered by eBay is used, it shall be carried out
via eBay S.a r.l., 22-24 Boulevard Royal, L2449 Luxembourg ("eBay Sarl"), to which the Seller assigns his payment claim against the Client. The payment
methods offered in this process will be communicated to the Client 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 conduct a
credit check for certain payment methods. Further instructions on how to make
the payment will be given during the ordering process.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. During the processing of the
transaction, the delivery address indicated in the Seller’s order processing is
decisive. However, in case the Client selects the payment method PayPal, the
delivery address deposited with PayPal at the date of payment shall be decisive.
5.2 Personal collection is not possible for logistical reasons.
5.3 Should the assigned transport company return the goods to the Seller because
delivery to the Client was not possible, the Client bears the costs for the
unsuccessful dispatch. This shall not apply, if the Client hereby exercises his
right of cancellation, or if he has been temporarily prevented from receiving
the offered service, unless the Seller has provided the Client with reasonable
advance notice about the service.
6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the
product, he has to return the product at his cost.
7) Special Conditions for the Processing of Goods According to Client's
Specification
7.1 The Client shall indemnify the Seller from claims of third parties asserted
against the Seller in connection with a violation of their rights by the
Seller’s contractual use of the Client’s content. The Client shall also bear the
reasonable costs required for the necessary legal defense, including all court
and lawyer's fees according to the statutory rate. This shall not apply if the
Client is not responsible for the infringement. In the event of claims by third
parties, the Client shall be obliged to provide the Seller promptly, truthfully,
and completely with all information that is necessary for the verification of
the claims asserted for a corresponding defense.
7.2 The Seller reserves the right to refuse processing orders, if the content
provided by the Client for this purpose violates legal or official prohibitions
or morality. This shall apply in particular to the provision of content that is
anti-constitutional, racist, xenophobic, discriminatory, offensive, or
youth-endangering, and/or if it glorifies violence.
8) Law and Jurisdiction
8.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual
relationships between the parties are governed by the law of the country where
the Client has his habitual residence. The UN-Convention on Contract for the
International Sale of Courts is excluded. Moreover, the courts of the State
where the Client is domiciled will have exclusive jurisdiction over any dispute
relating to these relationships.
8.2 If a Client acts as a trader pursuant to Section 1.2, any contractual
relationships between the parties is governed by the law of the country where the Seller has his place of business. The UN-Convention on Contract for the
International Sale of Goods is excluded. Moreover, the courts of the State where
the Seller has his place of business will have exclusive jurisdiction over any
dispute relating to these relationships.
9) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement
procedure before an alternative dispute resolution entity.
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B. Information on Data Protection
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1) Information on the Collection of Personal Data and Contact Details of the
Controller
1.1 We are pleased that you are visiting our eBay internet presentation
(hereinafter “website”) and thank you for your interest. In the following, we
inform you about the handling of your personal data when using our website.
Personal data is all data with which you can be personally identified.
1.2 The controller in charge for data processing on this website within the
meaning of the General Data Protection Regulation (GDPR) is AUTO-SCHOLZ-AVS GmbH
& Co. KG,for contact details see 'Business seller information' below".The
controller in charge of the processing of personal data is the natural or legal
person who alone or jointly with others determines the purposes and means of the
processing of personal data.
1.3 The controller has designated a data protection officer for this website. He
can be reached as follows: "Herr Harry Kindshofer, for contact details see
'Business seller information' below"
2) Contacting
In the context of contacting us (e.g. via contact form or e-mail), personal data
is collected. Which data is collected in the case of a contact form can be seen
from the respective contact form. This data is stored and used exclusively for
the purpose of responding to your request or for establishing contact and for
the associated technical administration. The legal basis for processing data is
our legitimate interest in responding to your request in accordance with Art. 6
(1) point f GDPR. If your contact is aimed at concluding a contract, the
additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data
will be deleted after final processing of your enquiry; this is the case if it
can be inferred from the circumstances that the facts in question have been
finally clarified, provided that there are no legal storage obligations to the
contrary.
3) Use of your Data for Sending Newsletters
If you are a registered eBay member and subscribe to our e-mail newsletter, we
will send you regular information about our offers. If you subscribe to our
newsletter, you give us your consent for the use of your personal data pursuant
to Art. 6 (1) point a GDPR. With your subscription to the newsletter you
automatically add us as “stored seller” in your "My eBay" settings. You can
unsubscribe from the newsletter at any time by removing us in your settings on
"My eBay" as your stored seller. After your cancellation, your e-mail address
will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to
use data in excess thereof, which is permitted by law and about which we inform
you in this declaration.
4) Processing of Data for the Purpose of Order Handling
The personal data collected by us will be passed on to the transport company
commissioned with the delivery within the scope of contract processing, insofar
as this is necessary for the delivery of the goods. We will pass on your payment
data to the commissioned credit institution within the framework of payment
processing, if this is necessary for payment handling. If payment service
providers are used, we explicitly inform you of this below. The legal basis for
the transfer of data is Art. 6 (1) point b GDPR.
5) Rights of the Data Subject
5.1 The applicable data protection law grants you comprehensive rights of data
subjects (rights of information and intervention) vis-à-vis the data controller
with regard to the processing of your personal data, about which we inform you
below:
- Right of access by the data subject pursuant to Art. 15 GDPR
- Right to rectification pursuant to Art. 16 GDPR
- Right to erase (“right to be forgotten”) pursuant to Art. 17 GDPR
- Right to restriction of processing pursuant to Art. 18 GDPR
- Right to be informed pursuant to Art. 19 GDPR
- Right to data portability pursuant to Art. 20 GDPR
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR
- Right to lodge a complaint pursuant to Art. 77 GDPR
5.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR
PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE
RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE
GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA
CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE
COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH 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 DIRECT MARKETING PURPOSES, YOU HAVE THE
RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE
USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED
ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED
FOR DIRECT ADVERTISING PURPOSES.
6) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective
legal retention period (e.g. commercial and tax retention periods). After expiry
of this period, the corresponding data will be routinely deleted, provided they
are no longer necessary for the performance or initiation of the contract and/or
there is no longer any legitimate interest on our part in the further storage.
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. For more information about eBay’s
privacy practices, please view eBay’s privacy policy at:
https://www.ebayinc.com/privacy-policy/
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