General Terms and Conditions and Client Information
Table of Contents
- 1. Scope of Application
- 2. Conclusion of the Contract
- 3. Price and delivery costs
- 4. Shipment and Delivery Conditions
- 5. Liability for Defects
- 6. Law and Jurisdiction
1) Scope of Application
1.1 These Terms and Conditions of the company Laura Kyle (hereinafter referred to as ”Seller”) shall apply to all contracts concluded between the Customer (hereinafter referred to as ”Client”) and the Seller related to all goods and/or services presented by the Seller on the eBay trading platform. The inclusion of the Client`s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
2.1 The product descriptions presented by the Seller on the eBay trading platform do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client can place an order via the eBay trading platform. By completing his personal data and clicking the "submit order" in the final stage of the ordering procedure the Client's order is deemed to be a legally binding offer to buy the chosen amount of goods related to the goods displayed in the online shopping basket.
2.3 The Seller can acknowledge receipt of the Client’s order by sending him an automatically generated e-mail acknowledging his order. Such an acknowledgement of receipt is no acceptance of the Client’s order. The Seller can accept the Client’s offer by sending him a letter or a separate e-mail or a fax accepting the order or by delivering the goods within five days. With this separate confirmation the contract will be concluded. The Seller has no obligation to accept the Client’s offer.
2.4 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored by Ebay and can be found free of charge by the Client indicating the respective item number under www.ebay.uk, within 90 days after conclusion of the contract. If the client wants to find the product description site, he has to enter the respective item number in the search box of the eBay home page and has to click on the button ”find”.
2.5 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
3) Price and delivery costs
3.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may arise for individual cases such as additional taxes and/or duties, e.g. in terms of custom duties.
3.3 Payment can be made using one of the methods mentioned by the Seller on the eBay trading platform. If payment in advance is agreed, payment is due immediately after conclusion of the contract.
4) Shipment and Delivery Conditions
4.1 Delivery of goods shall be made on the dispatch route to the delivery address indicated by the Client, unless otherwise agreed upon.
4.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
4.3 Personal collection is not possible for logistical reasons.
5) Liability for Defects
The statutory consumer rights will apply.
6) Law and Jurisdiction
6.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
6.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
7.1 Personal data will only be collected if the Client provides this information on his accord for the processing of a contract or when registering for a newsletter. Those data will only be used for the processing of a contract and for Client’s inquiries.
7.2 The Client’s e-mail will be used solely for own advertising purposes, if he has expressly consented in this regard. The Client can withdraw his consent vis-à-vis the Seller at any time.
7.3 In the framework of contract processing the Client’s personal data will be transferred to the transport enterprise in charge of delivery, as far as this is necessary for delivering the goods.
7.4 After full implementation of the contract and complete purchase price payment the Client’s data will be stored on account of the preservation period in accordance with tax and commerce laws. Upon expiry of such period those data will be deleted, unless the Client has expressly consented to the further use of his data.
7.5 The Client has a right to get information free of charge about his stored data and, if he so wishes, he has the right to correction, blocking or deletion of those data. For questions regarding the collection, processing or use of his personal data he can turn to the Seller, free of charge.