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**General Terms and Conditions with Customer Information & Data Protection Information**
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**A. General Terms and Conditions with Customer Information**
1) Scope
1.1 These General Terms and Conditions (hereinafter GTC ) of Michal Piotrowski, trading under Michael s Mushrooms (hereinafter Seller ), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter Customer ) concludes with the Seller regarding the goods presented by the Seller on the online trading platform eBay (hereinafter eBay ). The inclusion of Customer s own terms is hereby expressly rejected, unless something else is agreed upon.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor his self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 Contracts are concluded on eBay as follows:
2.1.1 Auction Format / Buy It Now Function
If the Seller lists an item in auction format on eBay, he makes a binding offer to conclude a contract for this item. He specifies a starting price and a period during which the offer can be accepted (duration of the offer). If the Seller sets a minimum price in auction format, the offer is subject to the condition that the minimum price is reached.
The Customer accepts the offer by placing a bid. To do this, the Customer first enters the amount of his maximum bid in the designated input field on the Seller s offer page and then goes through the additional steps specified by eBay. Finally, the Customer clicks the Confirm Bid button. The acceptance is subject to the condition that the Customer is the highest bidder after the expiry of the offer duration. A bid expires if another buyer places a higher bid during the offer duration. In the event of early termination of the offer by the Seller, a contract is concluded between him and the highest bidder, unless the Seller was entitled to withdraw the offer and cancel the existing bids.
The Seller can additionally provide offers in auction format with a Buy It Now function. This can be exercised by the Customer as long as no bid has been placed on the item or a minimum price has not been reached. The Customer accepts the offer by clicking the Buy It Now button and then confirming. If the shopping cart function is additionally available for the offer, the Customer can also accept the offer by placing the item in the shopping cart and completing the immediately following payment process.
2.1.2 Fixed Price Format
If the Seller lists an item in fixed price format on eBay, he makes a binding offer to conclude a contract for this item. The Customer accepts the offer by clicking the Buy It Now button and then confirming. For fixed price offers where the Seller has selected the “immediate payment” option, the Customer accepts the offer by clicking the Buy It Now button and completing the immediately following payment process. If the shopping cart function is additionally available for the offer, the Customer can also accept the offer by placing the item in the shopping cart and completing the immediately following payment process.
2.1.3 “Offer to Losing Bidders” Procedure
The Customer first receives an email from eBay with the subject Offer to Losing Bidders . In the message sent to him, the Customer either clicks the View Item button or the Reply Now button and then goes through the additional steps specified by eBay. Finally, the Customer clicks the Buy button, thereby accepting the Seller s offer.
2.1.4 “Price Suggestion” Procedure
If the Seller’s offer shows the Make Offer button, the Customer can propose a price to the Seller at which he would purchase the item.
2.2 The contract text is stored by the Seller and sent to the Customer after the conclusion of the contract together with the present GTC and customer information in text form (e.g. by email, fax, or letter). No further accessibility of the contract text will take place through the Seller. Additionally, the contract text is archived on eBay and can be retrieved free of charge by the Customer for a period of 90 days after the conclusion of the contract by specifying the respective item number at www.ebay.de. To view the item page with the contract text, the Customer can enter the corresponding item number in the search field on eBay s homepage and click the Find button.
2.3 In all of the above procedures, the Customer can recognize, verify, and correct his entries as follows:
After clicking the input button (e.g., Bid , Buy It Now , Add to Cart , Make Offer , Review Offer , or Send New Offer ), the Customer can review his entries on the subsequent confirmation pages. If he wishes to correct his entries, he can either return to the eBay item page by clicking the Back button of his browser or abort the process by closing the browser window and then call up the eBay item page again later. The desired corrections can then be made again using the standard keyboard and mouse functions in the respective input fields.
2.4 The German language is available for the conclusion of the contract.
3) Right of Withdrawal
Information on the right of withdrawal can be found in the Seller s withdrawal instruction.
4) Prices and Payment Conditions
4.1 The prices indicated by the Seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 In deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that the Customer must bear. This includes, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may arise in the context of the money transfer even if the delivery does not take place in a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer on the Seller s item page on eBay.
4.4 When using the payment processing provided by eBay, it is done through eBay S.à r.l., 22-24 Boulevard Royal, L2449 Luxembourg ( eBay Sarl ), to which the Seller assigns his payment claim against the Customer. The payment methods offered will be communicated to the Customer on the Seller s item page. eBay Sarl may use the services of third-party payment service providers for this purpose. eBay Sarl reserves the right to conduct a credit check for certain payment methods. Further instructions for making the payment will be provided during the ordering process.
5) Delivery and Shipping Conditions
5.1 If the Seller offers to ship the goods, the delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In conducting the transaction, the delivery address stored by the Customer on eBay is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the delivery if the Customer effectively exercises his right of withdrawal. The regulation made by the Seller in the withdrawal instruction applies to the return shipping costs in the event of effective exercise of the right of withdrawal by the Customer.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller hands the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods to the Customer or a recipient entitled to receive them. However, in deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller hands the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in cases where the non-delivery is not the fault of the Seller and he has concluded a specific coverage transaction with the supplier with the required diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller performs in advance, he retains title to the delivered goods until full payment of the purchase price owed.
7) Warranty
Unless otherwise stated in the following provisions, the statutory warranty provisions apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- rights and claims due to defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made within the framework of the warranty.
7.2 The above-mentioned limitations of liability and deadlines do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in case the Seller has fraudulently concealed the defect,
- for goods that have been used for a building according to their usual use and have caused its defectiveness,
- for any obligations of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any statutory recourse claims remain unaffected.
7.4 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damages to the carrier and to inform the Seller. If the Customer fails to do so, this has no impact on their statutory or contractual claims for defects.
8) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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**B. Data Protection Information**
1) Information on the collection of personal data and contact details of the responsible party
1.1 Below we inform you about the handling of your personal data when using our eBay presence. Personal data are all data that can be used to identify you personally.
1.2 The responsible party for data processing in accordance with the General Data Protection Regulation (GDPR) is Michal Piotrowski, Michael s Mushrooms, Graniczna 6, 31-980 Krakow, Poland, Tel.: +48662237027, E-Mail: contact@michaels-mushrooms.com. The entity responsible for processing personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) Contact
When contacting us, personal data may be collected, which we store and use solely because of our legitimate interest in responding to your inquiry in accordance with Article 6 (1) lit. f GDPR. In the case of contract-related inquiries, the additional legal basis for data processing is Article 6 (1) lit. b GDPR.
3) Use of your data for direct marketing
If you, as a registered eBay member, subscribe to our newsletter, you give us your consent to use your personal data in accordance with Article 6 (1) lit. a GDPR. By registering for the newsletter, you automatically include us in your settings as a saved seller in your My eBay settings. You can unsubscribe from the newsletter at any time by deleting us as a saved seller in your My eBay settings. Your email address will then be immediately deleted from the newsletter distribution list, unless further data processing is legally permitted in individual cases.
4) Data processing for order processing
To the extent necessary for the delivery of the goods, we will forward your personal data within the framework of the contract processing to the transportation company commissioned with the delivery in accordance with Article 6 (1) lit. b GDPR. If we owe you updates for goods with digital elements or for digital products based on an appropriate contract, we process the contact details you provided when ordering (name, address, email address) to inform you personally about upcoming updates within our legal obligations in accordance with Article 6 (1) lit. c GDPR via appropriate communication channels (e.g., by post or email) within the legally stipulated time frame.
5) Rights of the affected person
5.1 The applicable data protection law grants you comprehensive rights regarding the processing of your personal data (information and intervention rights), which we inform you about below:
- Right of access in accordance with Article 15 GDPR;
- Right to rectification in accordance with Article 16 GDPR;
- Right to erasure in accordance with Article 17 GDPR;
- Right to restriction of processing in accordance with Article 18 GDPR;
- Right to data portability in accordance with Article 20 GDPR;
- Right to withdraw consent given in accordance with Article 7 (3) GDPR;
- Right to complain in accordance with Article 77 GDPR.
5.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS BASED ON OUR PREVAILING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION WITH EFFECT FOR THE FUTURE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA. FURTHER PROCESSING SHALL NOT BE PRECLUDED IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING PURPOSES. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE RELEVANT DATA FOR DIRECT MARKETING PURPOSES.
6) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing, and, if applicable, by the respective statutory retention period. When processing personal data based on express consent in accordance with Article 6 (1) lit. a GDPR, such data will be stored until the affected party withdraws their consent. If there are statutory retention periods for data that are processed in the context of contractual or quasi-contractual obligations based on Article 6 (1) lit. b GDPR, these data will be routinely deleted after the retention periods have expired, provided they are no longer necessary for the fulfillment of the contract or for initiating a contract and/or we no longer have a legitimate interest in further storage. When processing personal data based on Article 6 (1) lit. f GDPR, such data will be stored until the affected party exercises their right to object under Article 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the affected person, or the processing is necessary for the establishment, exercise, or defense of legal claims. When processing personal data for the purposes of direct marketing based on Article 6 (1) lit. f GDPR, such data will be stored until the affected person exercises their right to object under Article 21 (2) GDPR.
7) Reference to the eBay Privacy Policy
For all other data processing that goes beyond the data processing described above, the eBay platform is responsible. Further information on eBay s data protection can be found here: https: pages.ebay.de/help/policies/privacy-policy.html?rt=nc
Copyright notice: These GTC were created by the IT-Recht Kanzlei lawyers under DOC-ID: ##ITK-ebe13b8666a4912c51ad7f2bfaf9e702## and are protected by copyright (https: www.it-recht-kanzlei.de)
As of: 23.01.2025, 11:28:23 AM
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