General Terms and Conditions & Client Information
Table of contents
A. General Terms and Conditions
- 1. Scope of Application
- 2. Conclusion of the Contract
- 3. Right to cancel
- 4. Price and delivery costs
- 5. Shipment and Delivery Conditions
- 6. Liability for Defects
- 7. Law and Jurisdiction
B. Client Information
- 1. Information regarding the main Characteristics of the Goods and Services offered
- 2. Information regarding the Conclusion of the Contract
- 3. Information regarding payment and delivery
- 4. Information regarding Storage of Contract’s Content
- 5. Information regarding Technical Means to identify and correct Input Errors prior to Placing the Order
- 6. Information regarding the Languages offered for Conclusion of the Contract
A. General Terms and Conditions
1) Scope of Application
1.1 These Terms and Conditions of the company "Raichand Distribution Limited" (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 in the Ebay online shop of the Seller. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Customers pursuant to Section 1.1 are both consumers and entrepreneurs, whereas consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity and entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.3 If a client acts as an entrepreneur pursuant to A, Section 1.2, any contractual relationships between the parties are governed by German law and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s Ebay online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
2.2 The Client can place an order via the Seller’s online order form integrated in the Seller’s online shop. 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.
2.2.1 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.
2.2.2 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at his address. In particular, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties by the Seller with the order processing can be delivered.
3) Right to cancel
3.1 The customer has the right to cancel the purchase of a good without having to give a reason at any time within the period of seven working days, beginning on the day after he receives the goods. He has to tell in writing, or in another durable medium to the contact address of the supplier (vendor), if he wants to cancel. This includes letter, fax or email.
3.2 The revocation shall be directed at:
Raichand Distribution Limited
La Cour des Casernes
JE1 3NH Channel Islands, Jersey
3.3 The consumer must send the goods back to the vendor’s address in their original condition at his own cost, unless the vendor delivered the goods to the consumer in error or the goods are damaged or defective. The consumer must send the goods back as soon as possible. The vendor reserves the right to make a charge not exceeding his costs of recovery if the consumer does not return the goods.
3.4 Once the consumer has notified to the vendor that he wishes to cancel the contract, any sum debited to the vendor will be refunded as soon as possible and in any event within 30 days of the consumer’s cancellation.
3.5 The consumer has no right to cancel in case of the supply of
- goods the price of which depends on fluctuations in the financial market which cannot be controlled by the vendor
- goods made to the consumer’s own specification or clearly personalized or which by reason of nature cannot be returned or are liable to deteriorate or expire rapidly
- audio or video recordings or computer software that the consumer has unsealed
- newspapers, periodicals or magazines
4) Price and delivery costs
4.1 Prices indicated by the Seller include VAT (where applicable) but exclude delivery costs. Any possible additional delivery and dispatching costs are specified separately in the respective product description of the seller’s Ebay online shop.
4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller’s Ebay online shop. If payment in advance is agreed, payment is due immediately after conclusion of the contract
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client. In the processing of the transaction, the delivery address indicated by the Client shall be applicable. In case the payment method PayPal is chosen the delivery address indicated by the client in his PayPal account shall be applicable.
5.2 Should the Client collect the goods himself, the Seller will inform the Client via e-mail that the ordered items are ready for collection. After receiving this e-mail the Client may collect the items at the Seller’s premises according to the agreement with the Seller. In this case delivery costs will not be charged.
6) Liability for Defects
The statutory consumer rights will apply.
7) Law and Jurisdiction
7.1 These terms are governed by English law. The English courts will have exclusive jurisdiction over any dispute relating to these terms. For Consumers, this choice of law applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.
7.2 The contractual languages are English or German.
B. Client Information
1) Information regarding the main Characteristics of the Goods and Services offered
The main characteristics of the goods and services are contained in the product description displayed in the Seller’s Ebay online shop.
2) Information regarding the Conclusion of the Contract
The conclusion of the contract shall be governed by Section 2 of these Terms and Conditions.
3) Information regarding payment and delivery
Payment will be made in accordance with Section 4 of these Terms and Conditions in conjunction with the information provided in the Ebay online shop of the Seller. Delivery will be made in accordance with Section 5 of these Terms and Conditions.
4) Information regarding Storage of Contract’s Content
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.de, 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”.
5) Information regarding Technical Means to identify and correct Input Errors prior to Placing the Order
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.
6) Information regarding the Languages offered for Conclusion of the Contract
The contractual language is English.