ANTIQUARIAT WEBER GbR
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ANTIQUARIAT WEBER GbR
Terms of sale for ANTIQUARIAT WEBER GbR
Terms of sale for ANTIQUARIAT WEBER GbR About Us Legal website operator identification: Antiquariat Weber GbR Represented by the following partners: Philip Weber, Hans Weber Kronsnest 13 25335 Neuendorf Germany Telephone: 0049412121681 Telefax: 0049412121681 E-Mail: email@example.com VAT No.: DE297289609 Alternative dispute resolution: The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage We are a member of the initiative „FairCommerce“ since04.01.2018. For more information, see: http://www.faircommerce.de Revocation right for consumers (A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.) Instructions for revocation Revocation right You have the right to revoke this contract within fourteen days without specifying any reasons. The revocation period is fourteen days with effect from the day, - on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly; - on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately; - on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units; In order to exercise your revocation right, you must inform us (Antiquariat Weber GbR, Kronsnest 13, 25335 Neuendorf, Germany, Telephone number: 0049412121681, fax: 0049412121681, E-Mail address: firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory. In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period. Consequences of the revocation If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier. You must return or transfer the products to us immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen-day deadline. You bear the direct costs for returning the products. You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products. Criteria for exclusion or expiry The revocation right is not available for contracts for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer; for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly; for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence; for delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The revocation right expires prematurely in case of contracts for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery; for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition; for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery. _________________________________________________________________________________ Specimen - revocation form (If you wish to revoke the contract, please fill up this form and send it back to us.) - To Antiquariat Weber GbR, Kronsnest 13, 25335 Neuendorf, Germany, fax number: 0049412121681, Email address: email@example.com : - I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/ the provision of the following service (*) - Ordered on (*)/ received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in case of a notification on paper) - Date (*) Cross out the incorrect option. Standard Business Terms and customer information I. Standard business terms 1 Basic provisions (1) The following business terms are applicable to all the contracts which you conclude with us as a supplier (Antiquariat Weber GbR) via the biblio Internet platform. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out. (2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity. 2 Conclusion of the contract (1) The subject-matter of the contract is the selling of products. (2) If we set up an item vis-a-vis biblio, the activation of the supply-side domain at biblio does not encompass the binding offer associated with the conclusion of a purchase contract, but a request for the placing of an order (offer of purchase made by you). (3) The biblio SBT are applicable for concluding the contract (4) You can place your offer of purchase using the ordering system integrated at biblio. The following must be adhered to in this case: The products intended for purchase can first be placed in the “shopping cart” using the “In the shopping cart” button. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After calling up the “Proceed to order” button and entering the personal data as well as the payment and delivery conditions, all the order data is displayed once again subsequently. Before the order is sent, you have the option to check all the details once again, modify them (using the “Back to the shopping cart” button or using the “Back” function of the Internet browser) or cancel the purchase transaction. When the order is placed using the “Buy now” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order from bookler. This email does not yet lead to the conclusion of a contract. (5) The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. If you have not received any corresponding message within this deadline, you are no longer considered to be bound to your order. Under such circumstances, any services that have already been provided are restored without undue delay. (6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter. 3 Right of retention, reservation of proprietary rights (1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship. (2) The goods remain our property until the purchase price is paid in full. (3) If you are a businessman, the following conditions also apply: a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands. b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves. c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing. d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released. 4 Warranty (1) The statutory warranty rights are applicable. (2) Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question.The reduction in time-limit does not apply: to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence; insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods. (3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims. (4) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations: a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product. b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements.If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item. c) The warranty period amounts to a period of one year after delivery of the product.The reduction in time-limit does not apply: to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence; insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods; to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this; for statutory recourse claims, which you have against us in connection with warranty rights. 5 Choice of law (1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable. _______________________________________________________________________________________ II. Customer information 1. Identity of the seller Antiquariat Weber GbR Kronsnest 13 25335 Neuendorf Germany Telephone and fax: 0049412121681 E-Mail: firstname.lastname@example.org Alternative dispute resolution: The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr. 2. Information regarding the conclusion of the contract The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.). 3. Contractual language, saving the text of the contract 3.1 Contract language shall be English. 3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail. 4. Main features of the product or service The key features of the goods and/or services can be found in the respective quote. 5. Prices and payment arrangements 5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes. 5.2 The dispatch costs that are incurred are not included in the purchase price.They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed. 5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union. 5.4 The payment methods that are available to you areshown by clicking the appropriate button on our website or are disclosed in the respective quote. A cash payment accompanied by a collection of the goods is possible, if such an option has explicitly been noted in the product description. 5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately. 6. Delivery conditions 6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote. Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation). 6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation. If you are a businessman, the delivery and shipping operations take place at your own risk. 7. Statutory warranty right Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to w + h GmbH, Emy-Roeder-Stra 10, 97074 Wzburg, Germany.
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Contact us at any time. Our contact details can be found in our imprint.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
last update: 23.10.2019