General Terms and Conditions of Anne Marie Müller-Domrös
and of her businesses, design-and-arts, daa and Daa
These Terms and Conditions apply to all legal agreements concluded by Ms Anne Marie Müller Domrös, trading under the names of design-and-arts, daa and Daa, Weberstraße 5, 30916 Isernhagen
(hereinafter referred to as the 'Seller').
They form the basis of all contractual business relations established between you as a private or commercial Contracting Partner/Customer
(hereinafter referred to as the 'Customer')
and the Seller. No representatives or other commercially active persons act on behalf of Ms Müller-Domrös or the above-mentioned businesses.
1. General provisions
1.1. Customers in the sense of these General Terms and Conditions (GTC) can be both consumers and business entities.
1.2. A business entity means a natural or legal person or a partnership with legal personality that, upon entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
1.3. A consumer means any natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.
2. Forms of contracting
Contracts concluded through the Internet auction site eBay are formed in accordance with § 6 of the Terms and Conditions of the auction site. In excerpt, this provision reads: (Quote)
'§ 6 Selling Formats and Conclusion of Contract
2. When a seller lists an item in auction-style or fixed price format by means of the eBay services, he/she issues a binding offer to conclude a contract in regard to this item. In doing so, the seller determines a starting or fixed price and a time limit within which the offer can be accepted (listing duration). If the seller sets a minimum price in the auction-style format, then the offer is made subject to the proviso that the reserve price is met.
3. The seller may issue offers in auction-style format with an additional Buy It Now feature. This offer may be exercised by the buyer as long as no bid has been placed for this item or the reserve price has not yet been met. [...]
4. For fixed price items, the buyer accepts the offer by clicking the 'Buy It Now' button and subsequently confirming the purchase. For fixed price items, where the seller has selected the 'Immediate Payment' option, the buyer accepts the offer by clicking the 'Buy It Now' button and immediately completes the payment process. The buyer may also accept offers for several items by placing the items in the shopping cart (if available) and immediately completes the payment process.
5. In auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the proviso that the buyer is the highest bidder when the listing expires. A bid expires if another buyer places a higher bid whilst the listing is still active. [...]
6. If the seller terminates the offer early, a contract is concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and to cancel the submitted bids.
7. Buyers may withdraw their bids only for a legitimate reason. After a legitimate withdrawal of a bid, no contract will be concluded after the auction has ended between the seller and the user who reverts to being the highest bidder following the withdrawal of the bid.
8. In certain categories, the seller may choose to list an item with the Best Offer option, which allows buyers and sellers to negotiate the price for an item. [...]
11. If an item is deleted by eBay before the listing has expired, no effective contract is concluded between the buyer and the seller.'
Where the term 'seller' is used in the excerpt above, it refers in this case to the Seller, while any reference in the excerpt to the term 'Buyer' means the 'Customer' for the purposes of these General Terms and Conditions.
EBay’s full General Terms and Conditions for the use of the German-language eBay services are currently available for inspection - subject to any changes by the auction portal - at http://pages.ebay.de/help/policies/user-agreement.html?rt=nc.
The individual technical steps that the Customer is required to take to submit his/her bid on eBay depend on the selected selling format:
- Online auction format
In the online auction format, the Customer first enters the amount of his/her maximum bid on the Seller’s item page in the box titled 'Enter your Maximum Bid'. Next, the 'Bid' button must be clicked. In the next step, eBay requests the Customer to review and confirm the bid entered. The maximum amount entered by the Customer is repeated and the Customer receives the following message:
'Your bid is binding. If you click the 'Confirm Bid' button and are the highest bidder at the end of the auction, you enter into a binding contract with the Seller. The full description of the item is provided below.'
The Customer is then able to confirm his/her bid or change the bid.
- Second Chance Offer to a non-winning bidder
In the 'Second Chance Offer' to non-winning bidders, the Customer first receives a message from eBay by email with the subject 'Second Chance Offer to non-winning bidder'.
The email to the Customer includes two buttons: 'View Item' and 'Reply Now'. Depending on the selected format, the steps stipulated by eBay must be followed. In the final step, the Customer can click on the 'Buy' button.
- Buy It Now; Shopping Cart feature
With a Buy It Now item, the Customer first clicks on the 'Buy It Now' button on the item page or on 'Add to Shopping Cart’ if the Customer wishes to purchase several items as part of a single order process and then progresses through the further steps stipulated by the eBay online marketplace. The Customer may choose between logging into an existing eBay account for the order, creating a new eBay account for the order, or carrying out the transaction without registration with eBay, as a 'Guest'. In the next step the Customer is prompted by eBay to 'Review and Buy'. The item is specified again, along with the price and the information on the shipping options, delivery and payment. The Customer may then click on the 'Buy' button or on the ‘Buy and Pay’ button if the Customer is making the transaction as a 'Guest' and/or with orders placed through the 'Shopping Cart' function. Below the 'Buy' button, the following suggestion is provided to the Customer:
'If you click “Buy” while you are the highest bidder, you are entering into a binding contract with the Seller. To cancel the transaction, press the “Back” button on your browser to return to the listing page.'
- Best Offer
With the 'Best Offer' feature, the Customer must first click on the 'Submit Offer' button on the item page. Another window then opens with the heading 'Make Offer', where the Customer can enter the proposed price. Then the Customer can click on 'Review offer'. Another window with the heading 'Review and confirm offer' opens. The Customer can now either send his/her best offer by clicking 'Submit offer' or change the offer by clicking 'Edit offer'.
The Seller has several options to respond to the Best Offer. The Seller may immediately accept, decline or consider the Customer's offer (i.e. accept or decline the offer within the 48 hour time limit indicated on the page, or decline the offer by making a counteroffer).
If the Seller declines the Best Offer, the Customer may submit another offer by clicking on the 'Submit New Best Offer' button. If the Seller declines the Best Offer by making a counteroffer, the Customer may accept the Seller’s new offer within the 48 hour time limit indicated on the page by clicking the 'Accept offer' button, decline the offer or make a counteroffer within the same time limit by clicking on 'Submit counteroffer'. In the latter case, the steps described above must be completed again.
In all processes referred to in 2.1.2, the Customer can identify, review and correct his/her data in the following manner:
After clicking the relevant button (e.g. 'Bid', 'Buy It Now', 'Make Offer', 'Review offer' or 'Submit new offer'), the Customer can review the data entered on the following confirmation page. If the Customer wishes to change his/her input, he/she may return to the previous eBay item page by clicking the 'Back' button of the browser or cancel the transaction by leaving the website and retrieving the eBay item page again later. The Customer can then change input errors again using the normal keyboard or cursor functions in the respective input fields.
3. Prices, maturity and shipping
(1) All prices of items indicated are total prices including VAT or - if so expressly indicated in the item description - total prices including VAT as governed by the requirements of differential taxation according to section 25a of the Value-Added Tax Act [UStG]; in these cases, VAT is included in the total price but is not specified separately.
(2) The costs for packaging and shipping, surcharges and customs charges are not included.
The following applies to these costs:
(2.1.) On eBay (see above, 2.1.), the costs are specified in the listing. They become due for payment on conclusion of the contract in the same manner and form together with the purchase price.
(3) The purchase price/hammer price is due immediately upon conclusion of the contract.
(4) The item is shipped within two working days (weekdays Monday to Friday except for public holidays in Germany)
- after receipt of the payment by the Seller if payment in advance has been agreed,
- after conclusion of the contract for payment against invoice.
4. Retention of title
The Seller retains title to the goods delivered until full payment.
5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk
5.1. There are various payment methods available to customers, which are stated on the respective offer page of the seller on eBay.
5.2. If prepayments are agreed, the payment is due immediately after conclusion of the contract
5.3. If the customer chooses a payment method offered by PayPal, payment processing is carried out via the online payment service PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Service, which can be viewed under the following domain: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions of payment for PayPal without PayPal account available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .
5.5. Payments shall be made by bank transfer, Paypal or in cash. Delivery is made at the shipping costs stated in the item description. The Customer will be notified of any relevant delivery restrictions.
5.6. If the Customer is a consumer, the Seller shall bear the shipping risk in any event, irrespective of the type of shipping. The risk of accidental loss of the purchased goods passes to the consumer upon transfer to the latter. If the Customer is a business entity, all risks and hazards of shipping pass to the Customer as soon as the purchased goods are transferred by the Seller to the logistics partner.
6. Notice of right of revocation
If you are a business entity (cf. para. 1.2 from our terms and conditons) within the meaning of section 14 of the German Civil Code [BGB], you have no right of revocation.
The following applies to consumers (para. 1.3).
Notice of right of revocation
Right of revocation
You have the right revoke this contract within one month without stating a reason.
The revocation period is one month from the date on which you, or a third party appointed by you who is not the carrier, have/has taken possession of the goods.
To exercise your right of revocation you must inform me,
Anne Marie Müller-Domrös
- design-and-arts -
Tel: +49 5136 9202210
Fax: +49 5136 9202212
by means of an unequivocal statement (e.g. a letter transmitted by post, telephone, fax or email) of your intention to revoke this agreement. You may use the Notice of revocation form attached hereto, but this is not obligatory.
Timely submission of the notice of revocation before the end of the revocation period is sufficient for the purpose of meeting the revocation time limit.
Consequences of revocation
If you revoke this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) without undue delay, and at the latest fourteen days from the date on which your notice of revocation of this agreement has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund.
We may withhold reimbursement until we have received the goods returned by you, or once you have supplied us with evidence of having returned the goods, depending on which takes place first.
You shall return or deliver the goods to us without undue delay and in any event no later than fourteen days from the date on which you inform us about the revocation of this agreement. This deadline is considered as met if you return the goods before the fourteen day period elapses.
We shall bear the costs of returning the goods.
You shall be obliged to compensate us for any loss of value of the goods if this results from any improper handling of the goods not required for inspection of their condition, properties and functioning.
Standard revocation form
(Should you wish to revoke the contract, please complete this form and send it to us.)
To: Anne Marie Müller-Domrös, design-and-arts, Weberstraße 5, 30916 Isernhagen
Fax: +49 5136 9202212
I/we (*) hereby revoke the contract that I/we (*) concluded for the purchase of
the following products (*) ………………………………………………………………………………
ordered on (*) ………………………………………………………………………………
received on (*) ………………………………………………………………………………
Name of the consumer(s)…..……………………………………………………………….
Address of the consumer(s) ………………………………………………………………….
Date, signature of the consumer(s)
(*) Delete where not applicable.
Unless otherwise agreed by the Parties, the right of revocation does not apply to the following contracts:
• contracts for the supply of goods that have not been prefabricated and for the production of which an individual selection or identification by the consumer is essential or that have been clearly tailored to the personal needs of the consumer.
Unless otherwise agreed by the Parties, the right of revocation expires prematurely in the case of the following contracts:
• contracts for the supply of goods inseparably mixed with other goods after delivery due to their inseparable nature.
Please avoid damage and contamination of goods. If possible, please return the goods to us in their original packaging and with all accessories and all packaging components. If necessary, please use protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection against damage during transport.
7.3. Please note that the above para. 7.2 is not a precondition for the effective exercise of the right of revocation.
8. Compensation in the event of revocation
In derogation from section 346(2) No. 3 of the German Civil Code [BGB], in the event of revocation of the contract, the Customer shall provide compensation for the loss in value of the goods if such loss in value is related to the handling of the goods in a manner not necessary for an examination of the composition, properties and functioning of the goods, provided that we have instructed the Customer about his/her right of revocation in accordance with sentence 1 no. 1 of Article 246a section 1(2) of the Introductory Law to the German Civil Code (EGBGB).
9. Liability for defects; warranties; liability
All our products are subject to our statutory liability for defects. Liability and warranties on our part are governed by the relevant statutory provisions.
The warranty period for used items is twelve months. Claims for damages are excluded from this provision. Any guarantees given do not restrict the statutory warranty claims.
10. Consumer information in distance contracts relating to the purchase of goods
10.1. The Seller is not subject to any specific codes of conduct not mentioned above.
10.2. The essential characteristics of the goods offered by the Seller as well as the validity of fixed-term offers are described for the benefit of the Customer in the individual product descriptions provided as part of the Internet offer. German is the sole language for concluding the contract.
10.3. The Customer may raise any objections and warranty claims at the address indicated in the provider identification. Information on payment, delivery and performance is provided in the offer for the benefit of the Customer.
10.4. Saving of contract text on the eBay online market platform
After conclusion of the contract, the Seller will not save the text of the contract and will not make the text of the contract available to the Customer. However, the text of the contract will be archived by eBay and can be retrieved by the Customer free of charge for a period of 90 days after conclusion of the contract at www.ebay.de , specifying the item number. To display the listing page with the text of the contract, the Customer must enter the item number in the search field provided on the eBay home page and click on the 'Search' button. You can print the relevant web page using your browser’s print function. After conclusion of the contract, you will automatically receive an email with further information on the execution of the contract. You can also save the text of the contract by saving the web page on your computer by clicking the right mouse button. However, since the Seller has no influence on the term for which the contract is saved on the eBay website, we wish to point out that in terms of the eBay General Terms and Conditions, members themselves are responsible for archiving information saved by eBay that members need for purposes of proof, accounting or any other purpose on a storage medium independent of eBay.
11. Final provisions
11.1. The contractual relationship between the Seller and the Customer as well as the relevant General Terms and Conditions are governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, any existing applicable statutory provisions and legal rights for the benefit of consumers available under the laws of the Customer’s country of residence shall not be affected by this agreement. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
11.2. If any of the above provisions are ineffective in whole or in part or fail to become part of the agreement, the contract remains effective in all other respects. If any provisions are ineffective or fail to become part of the contract, the content of the contract shall be in accordance with statutory regulations.
12. Instructions for consumers for out-of-court dispute resolution
12.1 Obligation to provide information according to the ODR regulation (Article 14 (1) ODR Regulation)
Link to the EU online dispute resolution platform: http://ec.europa.eu/consumers/odr
My e-mail address is: firstname.lastname@example.org
12.2 Obligation to provide information according to the Consumer Dispute Settlement Act (§36 VSBG)
I am not obliged to participate in a dispute settlement procedure at a consumer sacking office and I am not prepared in principle.
You have already agreed on account of the data protection explanation from eBay that eBay has investigated your name, your address, e-mail address, as well as your address of delivery and correspondent bank account at the end of the offer duration for the purpose of the contract winding up. The data preserved in this respect is used by the seller for the establishment, realization and winding up on the online marketplace eBay to concluded contracts, as well as for the purpose of a future customer care.
The seller raises personal data only if the customer from himself makes them available for the contract winding up or with the registration for the e-mail newsletter. The e-mail address of the customer is used exclusively for own advertising purposes, only if the customer has expressly agreed. The customer can revoke his approval towards the seller at any time.
If the order winding up about the official supplier "Afterbuy" (ViA-Online GmbH, Kimplerstrasse 296, 47807 Krefeld) takes place, personal data are transmitted exclusively for the purpose of the winding up of the on-line order of the customer to Afterbuy. Details to the data protection with Afterbuy and the data protection explanation of the ViA-Online GmbH are observable on the Internet site of Afterbuy under "afterbuy.de".
The personal data of the customer are transmitted within the scope of the contract winding up to the transportation company delegated with the delivery, as far as this is necessary for the delivery of the product. For the winding up of payments the payment data are transmitted if necessary to the loan institute delegated with the payment.
After entire winding up of the contract the data of the customer are stored by the seller in view of periods for safekeeping according to tax law and relating to commercial law and are extinguished at the end of these terms, provided that the customer has not agreed to the other use of his data expressly.
The customer has a right on free information about his stored data as well as if necessary a right on correction, blockage or deletion of these data. We may ask you to turn with suitable inquiries to the address given in the supplier's marking. If your stored personal data is wrong, the data will of course be corrected on a indication from your party.
You further have the right to revoke your approval in the storage in the personal data at any time with effect for the future. In case of a suitable information the personal data stored to your person are extinguished, unless, the relevant data is still required to the fulfilment of the duties of the closed contractual relationship or legal regulations stand in the way of a deletion. In this case a blockage of the relevant personal data steps to the place of a deletion. With all data protection-juridical inquiries, like questions to the elevation, processing or use of your personal data, with information, correction, blockage or deletion of data we may ask you to turn to the address given in the supplier's marking.
You agree with contract end that your personal customer data are passed on. The approval in the processing of the personal data can be revoked any time. Turn in this case please to the person mentioned in the registration information.
With all questions and comments we may ask you to turn to the address given in the supplier's marking or by e-mail to: email@example.com