General Terms and Conditions (GTC)
1. SCOPE OF APPLICATION
The following General Terms and Conditions apply to all orders placed via our eBay shop by
consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that
predominantly are not attributable to their commercial or self-employed professional activity.
A business customer 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
self-employed professional activity.
With regard to business customers, the following applies: If the business customer uses
conflicting or supplementary general terms and conditions, their validity is hereby expressly
rejected; they shall only become part of the contract if we have expressly agreed to them
2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Hilprecht-Autoteile.
Auction format
If we list an item in auction or fixed-price format, we submit a binding offer to conclude a contract for that item. We determine the starting or fixed price and the duration of the offer, i.e. the period within which the offer may be accepted. If a minimum price is set in the auction format, the offer is subject to the suspensive condition that the minimum price is reached.
Offers in auction format may additionally be provided with a “Buy It Now” option, which you may exercise as long as no bid has been placed on the item or the minimum price has not yet been reached.
In auctions, you accept the offer by placing a bid. Acceptance is subject to the suspensive condition 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 offer period.
Fixed-price format
If we list items in fixed-price format, we submit a binding offer to conclude a contract for that item.
You accept the offer by clicking the “Buy It Now” button and then confirming. For fixed-price items for which we have selected the “Immediate Payment” option, you accept the offer by clicking the “Buy It Now” button and completing the subsequent payment process. You may also accept offers for several items by placing them in the shopping cart (if available) and completing the immediately following payment process.
Price proposal option
If the button “Submit price proposal” is displayed below the Buy It Now price in one of our offers, you may propose a price at which you would like to purchase the item. We may accept your proposal, reject it, or submit a counteroffer. By submitting a price proposal, you make a binding offer to conclude a contract for the item at the proposed price. Your price proposal is valid for 48 hours or until the end of the offer, whichever occurs first. If we accept it, a binding contract is concluded. The price proposal generally applies only to the price of the offered item.
Correction options
You may identify and correct your entries before submitting your order by using the correction tools provided by eBay during the ordering process. To cancel a transaction, use your browser’s “Back” button to return to the item page or the eBay shopping cart. In the shopping cart, you may change the quantity of products by adjusting the number of items or remove an item by clicking “Remove.” Input errors may also be corrected by canceling the purchase process.
3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT
The languages available for the conclusion of the contract are German and English.
We store the contract text on our systems; however, it is not accessible to you. Via your eBay account, you can view your recent orders under “My eBay.” The complete contract text is not accessible there.
4. DELIVERY CONDITIONS
You generally have the option to collect your order from one of our locations in Germany during the following business hours: by appointment only.
5. PAYMENT
The following payment methods are generally available in our shop:
Advance payment (bank transfer)
If you choose advance payment, we will provide our bank details immediately after completion of the order and deliver the goods after receipt of payment.
PayPal, PayPal Express
During the ordering process, you will be redirected to the PayPal website. To pay via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction. After placing the order, we request PayPal to initiate the payment transaction, which is then carried out automatically. Further information is provided during the ordering process.
Credit card
By placing your order, you provide your credit card details. After your authentication as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.
Direct debit via RatePAY
If you select direct debit via RatePAY, registration with RatePAY is not required. By confirming the payment instruction, you grant RatePAY a direct debit mandate. RatePAY will inform you of the date of account debit (prenotification). After submission of the mandate, RatePAY initiates the payment transaction, and your account is debited. Further information is provided during the ordering process.
Credit card via PayPal
If you select payment by credit card, registration with PayPal is not required. The payment transaction is carried out immediately after confirmation of the payment instruction and authentication as the legitimate cardholder, and your credit card is charged by your credit card company at PayPal’s request.
Direct debit via PayPal
If you select direct debit, registration with PayPal is not required. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of account debit (prenotification). The payment transaction is carried out and your account is debited.
Cash payment on collection
You pay a 10% deposit and the remaining invoice amount in cash upon collection.
Purchase on account via PayPal
You will be redirected to the PayPal website. Registration with PayPal is not required. After successful address and creditworthiness checks and submission of the order, we assign our claim to PayPal. In this case, payment can only be made to PayPal with discharging effect. PayPal’s terms and privacy policy apply in addition to our GTC. Further information and the full PayPal terms for purchase on account can be found at:
www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE
Apple Pay
To pay via Apple Pay, you must use the Safari browser, be registered with Apple, have activated Apple Pay, authenticate yourself, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed.
Google Pay
To pay via Google Pay, you must be registered with Google, have activated Google Pay, authenticate yourself, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed.
6. RIGHT OF WITHDRAWAL
You are entitled to the statutory right of withdrawal as described in the withdrawal policy.
eBay Plus
If you are registered for eBay Plus, you may – without prejudice to your statutory rights – use the following additional service: For all items not excluded from the right of withdrawal, eBay provides free Hermes return labels via the eBay return process. Simply initiate the return within the withdrawal period in “My eBay” and print the Hermes return label provided there. You may drop off the return at Hermes parcel shops in Germany. Once the item has arrived, we will arrange a full refund of the purchase price within six working days or a refund in accordance with our return conditions. Further details can be found here:
https://pages.ebay.de/help/pay/ebay-plus-returns.html
7. RETENTION OF TITLE
The goods remain our property until full payment has been made.
For business customers, the following additionally applies: We retain title to the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice value, irrespective of any connection or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may collect them ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
For consumers: If goods are delivered with obvious transport damage, please complain to the carrier immediately and contact us without delay. Failure to do so does not affect your statutory rights, in particular your warranty rights, but helps us to assert our own claims against the carrier or transport insurer.
For business customers: The risk of accidental loss or deterioration passes to you as soon as we have delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects pursuant to § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as required, the goods are deemed approved, unless the defect was not recognizable during inspection. This does not apply if we fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory warranty law applies.
For the purchase of used goods by consumers: If a defect occurs after one year from delivery, warranty claims are excluded. Defects occurring within one year from delivery may be asserted within the statutory limitation period of two years from delivery.
For business customers, the limitation period for warranty claims for newly manufactured goods is one year from transfer of risk. The sale of used goods is made with the exclusion of any warranty. Statutory limitation periods for recourse claims under § 445a of the German Civil Code (BGB) remain unaffected.
With respect to business customers, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty service to business customers at our discretion by remedying the defect (repair) or delivering a defect-free item (replacement).
The above limitations and reductions of limitation periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents:
- in the event of injury to life, body, or health
- in cases of intent, gross negligence, or fraudulent concealment
- in the event of breach of essential contractual obligations (cardinal obligations)
- within the scope of a guarantee, if agreed
- insofar as the Product Liability Act applies
Information on any additional guarantees and their exact terms can be found with the respective product and on special information pages in the online shop.
Customer service: You can reach our staff by telephone at +49 178 9269714 from 10:00 a.m. to 6:00 p.m.
10. LIABILITY
We shall be liable without limitation for claims for damages caused by us, our legal representatives, or vicarious agents:
- in the event of injury to life, body, or health
- in cases of intent or gross negligence
- in the event of a guarantee promise, if agreed
- insofar as the Product Liability Act applies
In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence, our liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion.
Otherwise, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which can be found at:
https://ec.europa.eu/consumers/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. FINAL PROVISIONS
If you are a business customer, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
GTC created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.