We have been a member of the "FairCommerce" initiative since 28.08.2015. You can find more information about this at www.fair-commerce.de. General Terms and Conditions and Customer Information / Sample Withdrawal Form / Privacy Policy I. General Terms and Conditions § 1 Basic Provisions (1) The following terms and conditions apply to contracts that you conclude with us as the seller (Marek Bal) via the Internet platform eBay. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may have used. (2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. § (1) The subject of the contract is the sale of goods. (2) If an item is placed by us on eBay, the activation of the offer page on eBay constitutes a binding offer to conclude a contract under the conditions contained in the item page. (3) The eBay terms and conditions, in particular § 6, apply to the conclusion of the contract; 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 there as follows: "§ 6 Offer formats and conclusion of the contract (...) 2. If a seller places an item in the auction or fixed price format using the eBay services, he makes a binding offer to conclude a contract for this item. In doing so, he determines a starting or fixed price and a period within which the offer can be accepted (offer period). 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 may additionally provide offers in the 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. for fixed price items, the buyer accepts the offer by clicking the "Buy it now" button and then confirming it. 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 payment process immediately afterwards.The buyer can also accept offers for several items by placing the items in the shopping basket (if available) and completing the immediately following payment process. 5. In the case of auctions, the buyer accepts the offer by placing a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the bidding period. A bid expires if another buyer submits a higher bid during the bidding period. (...) 6. in the event of premature termination of the offer by the seller, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids. 7. 7) Buyers may only withdraw bids if there is a justified reason for doing so. After a justified withdrawal of a bid, no contract is concluded between the user, who is again the highest bidder after the auction has expired due to the withdrawal of the bid, and the seller. 8. In certain categories, the seller can provide his offer with a price suggestion function. The price suggestion 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 listing period, no effective contract is concluded between buyer and seller." (4) Purchase via the "Buy it now" or "Bid" function Clicking on the "Buy it now" or "Bid" buttons contained on the item pages does not yet lead to binding contractual declarations. Rather, you also have the possibility afterwards to check your entries and to correct them via the "Back" button of the Internet browser or to cancel the purchase. This option only ceases to exist once you have submitted a binding contractual declaration. The menu navigation of eBay during the execution of a purchase shows by which declaration you enter into a commitment and by which action the contract is concluded. (5) Purchase via the shopping cart (if offered) By clicking on the "Add to shopping cart" button on the item pages, the goods intended for purchase are placed in the "shopping cart". The "shopping basket" will then be displayed. Furthermore, you can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and selecting or entering the delivery address and payment method, all the order data is finally displayed again on the order overview page. If you select "PayPal" as the payment method, you will first be taken to a PayPal log-in window. After you have successfully logged in to PayPal, you will be redirected to the eBay order overview page. Before submitting the order, you have the possibility to check all details again, to change them (also via the "back" function of the internet browser) or to cancel the purchase. By clicking the "Buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded. (6) Purchase via the "Price suggestion" function (if offered) With the "Price suggestion" function, you have the option of submitting a counter-offer to us by clicking the "Send price suggestion" button on the item page, entering your price suggestion on the following page, selecting the "Check price suggestion" button and confirming the "Send price suggestion" button on the following page (binding offer). You are bound to this price proposal for up to 2 days according to your selection. The contract is concluded when we accept your price proposal.(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters. § (1) Purchase on account via PayPal When purchasing on account via PayPal, we fully and irrevocably assign our claim for payment against you to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à r.l. et Cie, S.C.A. may perform a credit check using the submitted data before accepting the assignment. We reserve the right to refuse you this method 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 permitted, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A.. 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. § 5 Warranty (1) The statutory rights of liability for defects apply. (2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims. § 6 Choice of law (1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. II. customer information 1. identity of the seller Marek Bal ul. W. Gombrowicza 4 26-660 Jedlinsk Poland Phone: + 0048483844488-119 E-mail: info@kratki.pl Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr. The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I). 3.1 The language of the contract shall be German. 3.2 We do not store the complete 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 receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail. 4. 4. essential features of the goods or services The essential features of the goods and/or services can be found in the respective offer. 5 Prices and payment terms 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 incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.5.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union. 5.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 5.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 6.1 The terms and conditions of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. Insofar as no other period is specified in the respective offer or under the correspondingly designated button, the delivery of the goods shall take place within 3-5 days after conclusion of the contract (in the case of agreed advance payment, however, only after the time of your payment instruction). 6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, 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 designated to carry out the shipment. 7. statutory liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). last update: 23.10.2019 Sample cancellation form (If you wish to cancel the contract, please complete and return this form). - To Marek Bal, ul. W. Gombrowicza 4, 26-660 Jedlinsk, fax number: +48 48 370 14 43, e-mail address: info@kratki.com : - I/we (*) hereby withdraw from 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 consumer(s) - Address of consumer(s) - Signature of consumer(s) (only in case of paper communication) - Date (*) Delete as applicable. Privacy Policy Unless otherwise stated below, the provision of your personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide the data. Failure to provide it will have no consequences. This applies only to the extent that no indication to the contrary is made in the subsequent processing operations. "Personal data" means any information relating to an identified or identifiable natural person. Collection, processing and transfer of personal data when placing orders When placing an order, we collect and process your personal data only to the extent that this is necessary for the fulfilment and processing of your order and for dealing with your enquiries.The provision of the data is necessary for the conclusion of the contract. Failure to provide it will result in no contract being concluded. The processing is based on Art. 6 para. 1 lit. b DSGVO and is necessary for the fulfilment of a contract with you. Your data is passed on, for example, to the shipping companies and dropshipping providers you have chosen, payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements. The scope of data transfer 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 assigned to PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The data required for payment processing are transmitted by eBay to PayPal. For the purpose of its own credit assessment, PayPal transmits data to credit agencies (credit agencies) and receives information from them as well as, if applicable, creditworthiness information on the basis of mathematical-statistical procedures (probability or score values), the calculation of which includes, among other things, address data. By selecting the aforementioned payment method, you agree to the transmission of data to PayPal as well as the performance of creditworthiness checks by PayPal. In the context of credit checks, PayPal works together with credit agencies. Detailed information on this and on the credit agencies used can be found in PayPal's privacy policy https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE. Use of PayPal All PayPal transactions are subject to the PayPal privacy policy. This can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full Duration of storage Once the contract has been fully processed, the data is initially stored for the duration of the warranty period, then in accordance with statutory, in particular tax and commercial law, retention periods, and then deleted after expiry of the period, unless you have consented to further processing and use. Rights of the data subject You are entitled to the following rights in accordance with Art. 15 to 20 DSGVO if the legal requirements are met: the right to information, to rectification, to deletion, to restriction of processing, to data portability. In addition, you have the right to object to processing based on Art. 6 (1) f DSGVO and to processing for the purpose of direct marketing in accordance with Art. 21 (1) DSGVO. Contact us if you wish. You will find the contact details in our imprint. You can reach our data protection officer directly at: odo@kratki.com +48 48 340 10 00 Right to complain to the supervisory authority You have the right to complain to the supervisory authority pursuant to Art. 77 DSGVO if you are of the opinion that the processing of your personal data is not lawful. Right of objection If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO, you have the right to object to this processing with effect for the future at any time for reasons arising from your particular situation. After the objection has been made, the processing of the data concerned will be terminated unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the assertion, exercise or defence of legal claims. If personal data is processed for direct marketing purposes, you may object to this processing at any time by notifying us. After the objection has been made, we will stop processing the data concerned for the purpose of direct marketing.
