Right of withdrawal You have the right to withdraw from this contract within one month without giving a reason. The cancellation period is one month from the day - on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and this is or will be delivered uniformly; - on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately; In order to exercise your right of withdrawal, you must contact us
(John Barbr Sons, a brand of Pratik Raj, Lange Reihe 81, 20099 Hamburg, DE, email@example.com)
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of revocation If you revoke this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day, on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning goods that can be sent by parcel post as well as the direct costs of returning goods that cannot be sent by parcel post in the amount of EUR 40. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. Reasons for exclusion or expiry The right of revocation does not apply to contracts - for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; - for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded; - for the delivery of newspapers, magazines or magazines with the exception of subscription contracts. The right of withdrawal expires prematurely in the case of contracts - for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery. The sample cancellation form can be found below our general terms and conditions / customer information. The right of withdrawal expires prematurely in the case of contracts - for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery. The sample cancellation form can be found below our general terms and conditions / customer information. The right of withdrawal expires prematurely in the case of contracts - for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery. The sample cancellation form can be found below our general terms and conditions / customer information. - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery. The sample cancellation form can be found below our general terms and conditions / customer information. - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery. The sample cancellation form can be found below our general terms and conditions / customer information.
General terms and conditions and customer information / sample withdrawal form / data protection declaration
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as a supplier (John Barbr Sons, a brand of Pratik Raj, Lange Reihe 81, 20099 Hamburg, DE, firstname.lastname@example.org) via the eBay internet platform or the Close webshop www.johnbarbersons.de or .com. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) If an article is posted by us on eBay, the activation of the offer page on eBay constitutes the binding offer to conclude a purchase contract under the conditions contained in the article page.
(3) For the conclusion of the contract, the eBay terms and conditions apply, in particular § 6, a corresponding link can be found at the bottom of every eBay page.
Depending on the offer format, the conclusion of the contract is regulated as follows:
"§ 6 Offer Formats and Conclusion of Contract
2. If a seller uses the eBay services to list an item in auction or fixed price format, he submits a binding offer to conclude a contract for this item. He determines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.
3. The seller can also provide offers in auction format with a buy-it-now function. This can be exercised by a buyer as long as no bid has been placed on the item or a minimum price has not yet been reached. eBay reserves the right to change this function in the future.
4. In the case of fixed-price items, the buyer accepts the offer by clicking the “Buy It Now” button and then confirming. In the case of fixed-price items for which the seller has selected the “immediate payment” option, the buyer accepts the offer by clicking the “Buy It Now” button and completing the immediately following payment process. The buyer can also accept offers for several articles by placing the articles in the shopping cart (if available) and completing the immediately following payment process.
5. In the case of auctions, the buyer accepts the offer by submitting a bid. The acceptance takes place under the condition precedent that the buyer is the highest bidder after the end of the offer period. A bid expires if another buyer submits a higher bid during the period of the offer. (...)
6. If the offer is terminated prematurely by the seller, a contract is concluded between the latter and the highest bidder, unless the seller was entitled to withdraw the offer and delete the existing bids.
7. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user, who is again the highest bidder after the auction has ended due to the bid withdrawal, and the seller.
8. In certain categories the seller can add a price proposal function to his offer. The price proposal function enables buyers and sellers to negotiate the price for an item. (...)
11. If an item is deleted from eBay before the end of the offer period, no effective contract is concluded between buyer and seller. "
(4) Purchase using the “Buy it now” or “Bid” function
Clicking the “Buy it now” or “Bid” buttons on the item pages does not lead to binding contractual declarations. Rather, you also have the option of checking your entries afterwards and correcting them using the “Back” button of the Internet browser or canceling the purchase. This option no longer exists until the binding contract declaration has been submitted. From the menu navigation of eBay when making a purchase, it is clear which declaration you enter into a binding and which action the contract comes about.
(5) Purchase via the shopping cart (if available)
By clicking the "Add to shopping cart" button on the article pages, the goods intended for purchase are placed in the "shopping cart". The "shopping cart" will then be displayed. You can also use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time. After calling up the “Continue to checkout” page and selecting or entering the delivery address and payment method, all of the order data will then be displayed again on the order overview page.
If you select “PayPal” as the payment method, you will first be directed to a PayPal log-in window. After successfully registering with PayPal, you will be redirected to the order overview page on eBay.
Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By clicking the “Buy and Pay” button, you declare your legally binding acceptance of the offer, whereby the purchase contract is concluded.
(6) Purchase using the “Price proposal” function (if available)
With the “Price proposal” function, you have the option of submitting a counter offer to us by clicking the “Send price proposal” button on the item page and your price proposal on the following page Enter, select the button “Check price proposal” and on the following page confirm the button “Send price proposal” (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your best offer.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the e-mail address you have stored with us is correct, that the reception of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on the types of payment offered
Purchase on account via PayPal
When purchasing on account via PayPal, we irrevocably assign our payment claim against you in full to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à rl et Cie, SCA will carry out a credit check using the transmitted data before accepting the assignment.
We reserve the right to refuse this type of payment as a result of the credit check. You will be informed of this in the eBay checkout process.
If the purchase on account is approved, PayPal (Europe) S.à rl et Cie, SCA accepts the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à rl et Cie, SCA. The payment period is 14 days from receipt of the goods.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the goods subject to retention of title.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) If you are an entrepreneur, notwithstanding Paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects in writing (e.g. email) within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
c) In the event of defects, we guarantee, at our option, either repair or replacement. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to us from injury to life, limb or health and grossly negligent or intentional damage or malice, as well as recourse claims according to §§ 478, 479 BGB.
§ 6 liability
(1) We are fully liable for damage resulting from injury to life, limb or health. We are also liable without limitation in all cases of willful intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of the guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
John Barbr Sons, a brand of Pratik Raj, Lange Reihe 81, 20099 Hamburg, DE, email@example.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
Unless another deadline is specified in the respective offer or under the corresponding button, the goods will be delivered within 3-5 days of the conclusion of the contract (if advance payment has been agreed, however, only after the time of your payment instruction).
6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
7.1. The liability for defects in our goods is based on the “Warranty” provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
last update: 02.10.2017
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To John Barbr Sons, a brand by Pratik Raj, Lange Reihe 81, 20099 Hamburg, DE, firstname.lastname@example.org
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
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 if this is notified on paper)
(*) Delete where inapplicable.
When participating in the eBay Plus program, commercial buyers (who, as eBay Plus members, buy an item that is listed on eBay Plus) can also use the sample cancellation form for the declaration of cancellation.
Welcome to our eBay pages!
We attach great importance to the protection of your data and the protection of your privacy. In the following, we will therefore inform you about the collection and use of personal data when using our eBay pages.
Anonymous data collection
You can visit our eBay pages without giving any personal information. We do not save any personal data in this context.
Collection, processing and use of personal data
We collect personal data (individual details about personal or factual circumstances of a specific or identifiable natural person) only to the extent that you have made available.
The processing and use of your personal data takes place to fulfill and process your order as well as to process your inquiries.
After the contract has been fully processed, all personal data will initially be stored taking into account retention periods under tax and commercial law and then deleted after the deadline, unless you have consented to further processing and use.
Use of the e-mail address for sending newsletters
We use your e-mail address, regardless of the contract processing, exclusively for our own advertising purposes for sending newsletters, provided you have expressly consented to this. At the same time, we would like to point out that, by agreeing to receive our newsletter, you consent to eBay evaluating your usage behavior with regard to the newsletter and providing us with this data to improve the newsletter. Your declaration of consent to be given is as follows:
You can unsubscribe or manage the newsletter at any time in "My eBay" under "Saved sellers" via the menu navigation "Further actions - edit list of saved sellers" or contact us directly. You will find our contact information in the imprint. Your email address will then be deleted from our list of subscribers to the newsletter.
Passing on of personal data
Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners, who we need to process the contractual relationship. In these cases we strictly observe the requirements of the Federal Data Protection Act. The amount of data transmission is limited to a minimum.
Data collection and processing for the payment method purchase on account via PayPal
When paying via the payment method “purchase on account via PayPal”, the purchase price claim is sent to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") assigned. The data required for payment processing are transmitted from eBay to PayPal.
For the purpose of its own credit check, PayPal transmits data to credit agencies and receives information from them and, if necessary, credit information based on mathematical-statistical methods (probability or score values), the calculation of which includes address data, among other things.
By selecting the payment method mentioned, you agree to the transmission of the data to PayPal and the implementation of credit checks by PayPal to be determined by credit agencies. Detailed information on this and the credit agencies used can be found in PayPal's data protection provisions https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE.
Information, correction, blocking and deletion of data
You have the right to free information about your stored data as well as the right to correction, deletion or blocking at any time. Contact us if you wish. The contact details can be found in our imprint.