General Terms & Conditions

General Terms and Conditions of Autohaus Kiessetz & Schmidt GmbH


1. General
1.1 Customers within the meaning of these General Terms and Conditions (GTC) can be both consumers and entrepreneurs.

1.2 Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and liabilities.

1.3 Consumers is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed.

2nd offer, contract conclusion
2.1 ebay
2.1.1 The contract is concluded in accordance with § 6 of the eBay GTC, which in part reads as follows:

§ 6 Offer formats and conclusion of contract

[...]

2. If a seller uses the eBay services to place an article in the auction or fixed price format, he makes a binding offer to conclude a contract for this article. He determines a start or fixed price and a period within which the offer can be accepted (duration of the offer). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.

3. The seller can additionally offer offers in the auction format with an Buy It Now feature. 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. [...]

4. For fixed price items, the buyer accepts the offer by clicking on the "buy it now" button and then confirming it. For fixed price items where the seller has selected the "immediate payment" option, the buyer accepts the offer by clicking on the "Buy It Now" button and completing the immediately subsequent payment transaction. The buyer may also accept offers for multiple items by placing the items in the shopping cart (if available) and completing the immediately subsequent payment transaction.

5. At auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the offer period. A bid expires if another buyer submits a higher bid during the offer period. [...]
6. In the event of premature termination of the offer by the seller, a contract is concluded between the latter and the highest bidder, unless the seller was entitled to withdraw the offer and to cancel these bids.

7. Buyers can only take back bids if there is a legitimate reason to do so. After a legitimate bid redemption comes between the user who is the highest bidder after the auction due to the bid withdrawal and the seller no contract.

8. In certain categories, the seller can provide his offer with a price proposal function. The Price Proposal feature allows buyers and sellers to negotiate the price of an item. [...]

[...]

11. If an item is deleted from eBay before the end of the offer period, there will be no effective contract between buyer and seller.


Note: The full eBay terms and conditions can be found on the home page of ebay in the footer.

2.1.2 It depends on the offer format, which individual technical steps the customer must make for the submission of his offer on eBay:

auction process
In the auction process, the customer first enters the amount of their maximum bid in the box labeled "Enter your maximum bid" on the seller's offer page. Next, the button "Bid" must be confirmed. Following this, the customer is requested by ebay to check and confirm the entered bid. The maximum bid entered by the customer is specified and the customer receives the following information:

"Your bid is binding. If you click Confirm bid and are the highest bidder, you enter into a legally binding contract with the seller. The full article description can be found below. "

The customer can then either confirm his bid or change the bid.

Offer to losing bidders
In the so-called offer to inferior Bieter procedure the customer receives first by e-mail a message from eBay with the subject "offer to inferior Bieter".

The customer has two buttons available in the e-mail: "Call article" and "Reply now". Depending on the selection, the steps provided by ebay must be followed. Finally, the customer can click on the button "Buy".
Buy it now, cart function
With the buy-immediate process, the customer first clicks on the sell-side of the seller on the button "Buy It Now" or, if the customer wants to buy several items in the context of an order process, on the button "Add to cart" and then goes through the others each from the online marketplace eBay predetermined sections. The customer can choose to log in to his already existing eBay account for the order, to create a new eBay account for his order, or to place his order as a so-called "guest" without registering with eBay. In the next step, the customer is asked by ebay to "check and buy". The article will be mentioned again, as well as the price, the offered shipping, details of delivery and payment. Then the customer can click on "buy" or on an order as "guest" and / or on an order via the shopping cart function on the button "buy and pay". Below the "Buy" button is this note to the customer:

"If you click Buy, you enter into a legally binding contract with the seller.
To cancel the transaction, press the "back" button on your browser to return to the article page. "

Best Offer
With the so-called price proposal procedure, the customer first clicks on the offer page of the seller on the button "send price proposal". Then another window opens with the heading "Propose price", where the price to be proposed by the customer can be entered in a field. Afterwards, the customer can click on "Check price proposal". It opens then another window "Price proposal check and confirm". Now the customer can either submit his price proposal by clicking on "Send Price Proposal" or change his price proposal by clicking on "Edit price proposal".

The seller has several options to respond to the price proposal. He may immediately accept, immediately reject or reconsider the price proposed by the customer (i.e., accept, reject, or reject by a counter-offer within the maximum period of 48 hours indicated on the page.

If the seller rejects the price proposal, the customer can in turn submit a new price proposal by clicking on the "Send new price proposal" button. If the seller rejects the proposed price proposal by a counter offer, the customer can accept the new offer of the seller within the maximum of 48 hours displayed on the page by clicking on the button "accept price proposal", reject or reject by a counter offer by click on "Send counterproposal". In the latter case, the above steps are to be completed again.

2.1.3 In all procedures mentioned under 2.1.2, the customer can recognize, verify and correct his entries as follows:

After clicking on the button (eg "Bidding", "Buy It Now", "Add to Cart", "Suggest Price", "Check Price Proposal" or "Send New Price Proposal"), the customer can enter his or her details on the following page Check the confirmation page again. If the customer wishes to change his entries, he can either switch to the previous eBay article page by clicking on the "back" button of his browser or cancel the process by leaving the website and retrieve the eBay article page later. The customer can then change input errors again with the help of the usual keyboard / cursor functions in the respective input fields.

2.2 online shop
The products and services listed by the seller within the online shop do not constitute offers binding on the seller; it is rather an invitation to the customer to make a binding offer by placing an order.

By sending the order from the virtual shopping cart, the customer makes a binding order for the items contained in this. As an alternative to the virtual shopping cart, the customer may also use the seller's order form or contact the seller via email, post or telephone to make an offer. Of course, the customer can also use the contact for general questions about the article, without the seller to submit a contract offer. If the customer submits a written or verbal offer to the seller by e-mail, post or telephone, the customer thereby makes a binding offer for the requested item.

The seller will confirm receipt of the order and / or request immediately by e-mail or letter. The purchase contract comes with the express acceptance of the offer in writing or delivery of the goods by the seller. In that regard, the seller is entitled to accept the contract offer of the customer within two working days after receipt of his e-mail or letter. First, as described above, through the seller's website, you can contact the seller to make a binding offer, or to ask him a general question about an item. Your declaration will only become binding when you have sent the order form, the e-mail or the letter with your request and your message will be transmitted to the seller. Until then, you will be able to identify and correct your submissions or cancel the request to the seller by destroying the order form, deleting the email or disposing of the letter.


3. Prices, shipping costs
All mentioned prices are total prices including value added tax or differential taxation according to § 25a UStG plus shipping costs. The costs for packaging and shipping can be found in the respective offer.

4. Retention of title
The goods delivered by the seller remain his property until full payment.


5. means of payment; Delivery; Delivery restrictions; Shipping; Transfer of Risk
5.1 There are various payment methods available to customers, which are indicated on the respective offer page of the seller.

5.2 If prepayment is agreed, payment is due immediately upon conclusion of the contract.,

5.3 If the customer chooses a payment method offered by PayPal for payment, the payment is processed via the online payment service PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the terms of the PayPal Terms of Use, which can be viewed at the following domain: https://www.paypal.com/ de / webapps / mpp / ua / useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account, available at https://www.paypal.com/webapps/ mPP / ua / privacywax-full.

5.4 If the customer chooses "PayPal Invoice" as the payment method, the seller assigns his claim for payment against the customer to PayPal within the framework of an ongoing factoring contract. PayPal performs a credit check before accepting the seller's assignment statement using the submitted customer information. In the case of a negative test result of the credit rating, the seller reserves the right to refuse the customer the payment method "PayPal invoice". If PayPal allows the payment method "PayPal Rechnung", the customer has to pay the invoice amount within 14 days from receipt of the goods to PayPal. Due to the assignment of claims, the customer can only make payments with a debt-discharging effect to PayPal. The General Terms of Use for the use of PayPal's Invoice Purchase apply, available at https://www.paypal.com/en/webapps/mpp/ua/pui-terms. For general customer inquiries (for example, the article, shipping time, complaints, etc.), the seller remains responsible for the assignment of claims.

5.5 The delivery is made at the shipping costs stated in the item description. We refer to any delivery restrictions, if they exist.

5.6 If the customer is a consumer, the seller bears the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment pass to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.


6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our terms and conditions) within the meaning of § 14 Civil Code (BGB), the right of revocation does not exist. For consumers (any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed),

Withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us

Car dealership Kiessetz & Schmidt GmbH
Managing Directors: Bernd Kiessetz and Sebastian Kiessetz
Berta Cramer Ring 5
65205 Wiesbaden

Telephone: 06122 - 536950
Fax: 06122 - 5369520
E-Mail: info@kiessetz-und-schmidt.de

by means of a clear statement (eg a letter sent by post, telephone, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.


Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.) To:

Car dealership Kiessetz & Schmidt GmbH
Managing Directors: Bernd Kiessetz and Sebastian Kiessetz
Berta Cramer Ring 5
65205 Wiesbaden

Fax: 06122 - 5369520
E-Mail: info@kiessetz-und-schmidt.de

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the

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 when notified on paper)

............................................................................ ......

Date ..................................

(*) Delete as appropriate.

7. Notes
7.1 Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer,
• Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
• Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered 30 days after the conclusion of the contract at the earliest and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
• Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of revocation expires prematurely, unless the parties have agreed otherwise, in the following contracts:

• Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
• Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
• Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

7.2 Please avoid damage and contamination of the goods. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.
 
7.3 Please note that the aforementioned section 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.

8. Value replacement on revocation
In case of a cancellation of the contract the customer has to deviate from § 346 paragraph 2 no. 3 BGB to pay compensation for a loss of value of the goods, if the loss of value is due to the handling of the goods, to check the nature, characteristics and functioning the goods were not necessary, and we informed the customer according to article 246a § 1 paragraph 2 sentence 1 number 1 of the Introductory Act to the Civil Code on his right of withdrawal.


9. Liability for defects, warranty rights, liability
For all our goods, there is a statutory warranty. The statutory provisions apply to liability and warranty.

The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit the statutory warranty claims.


10. Consumer information on distance contracts for the purchase of goods
10.1 The seller has crossed the marketplace in terms of sales

- eBay subject to eBay principles (codes of conduct), which you can view on the Internet at the following link: http://pages.ebay.de/help/policies/listing-ov.html

Further special and not mentioned codes of conduct are not subject to the seller.

10.2 The essential features of the goods offered by the seller and the validity period of limited offers, please refer to the individual product descriptions in the context of the Internet offer. The language available for the contract is exclusively German.

10.3 Complaints and warranty claims can be made under the address specified in the provider identification. For information on payment, delivery or fulfillment please refer to the offer.

10.4.1 In the online shop you first put the selected goods into the shopping cart. Once you have selected all the items you want, you can checkout or go directly to PayPal.

10.4.1.1 Checkout
Choose the option "checkout" then the order processing is as follows: If you are already a customer, then you can log in by entering your e-mail address and password. If you are a new customer, then you can either register in the shop or continue shopping without registration. In both cases, you will need to provide your contact details in the next step. You can then enter a different shipping address and select the desired shipping method. In the next step, you can also change the billing address if necessary and select the preferred method of payment until finally you can place your order by clicking on the button "PURCHASED ORDERING". Until then, you have the option of recognizing your entries, checking them and, if necessary, correcting them by clicking on the "Back" button of your browser on the previous page or canceling the order process by leaving the page.

10.4.1.2 Direct to PayPal
If you already have a PayPal account, then you can log in by entering your e-mail address and password. Otherwise, you must first create a PayPal account. If you are logged in, you may be able to change your delivery address and select the bank account you want to pay for. Click on the button "Next" to get to the page "CONFIRMATION" of our order process. In the last step, you can place your order by clicking on the button "ORDER FOR PAYMENT". Until then, you have the option of recognizing your entries, checking them and, if necessary, correcting them by clicking on the "Back" button of your browser on the previous page or canceling the order process by leaving the page.

10.5 Contract Text Storage
10.5.1 on the online market place eBay
The seller does not save the contract after conclusion of the contract itself and the seller makes the text of the contract not even accessible to the customer. However, the contract text is archived on eBay and can be retrieved by the customer with the corresponding article number for a period of 90 days after conclusion of the contract at www.ebay.de free of charge. To display the article page with the text of the contract, the customer can enter the corresponding article number in the search field on the eBay homepage and click on the "Find" button. The relevant website can be printed out using the print function of your browser. After conclusion of the contract, you will automatically receive an e-mail with further information on the execution of the contract. You can also save the contract text by clicking on the right mouse button to save the website on your computer. However, as the seller has no influence on the duration of the storage of the eBay website, it is pointed out that in accordance with the ebay terms and conditions members themselves are responsible for the eBay services visible and stored by eBay information that they use for the purposes of Preserving evidence, accounting or other purposes, to archive on a non-eBay storage medium.

10.5.2 in the online shop
The seller does not save the contract after conclusion of the contract itself and the seller makes the text of the contract not even accessible to the customer. For orders via the virtual shopping cart, the order form, by phone, e-mail or mail, we send the customer after conclusion of the contract, an order confirmation with all information to the mailing address or e-mail address specified by you, in which you again all the essential data Your order, our terms and conditions and your cancellation policy will be communicated. You have the option to print both the general terms and conditions and your order with all data entered during the ordering process. The print function of your browser also gives you the option of printing the contract text. You can also save the contract text by clicking on the right mouse button to save the website on your computer. After completion of the order processing the contract text is no longer accessible to you.

11. Final provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer and to the respective terms and conditions. If the customer is a consumer, the current statutory regulations and rights under the law of the customer's country of residence in favor of the consumer remain unaffected by this agreement. The application of UN sales law is excluded.

11.2 If the aforementioned provisions have not become part of the contract or are invalid in whole or in part, the remainder of the contract remains valid. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract shall comply with the statutory provisions.


12. Information for consumers about out-of-court dispute resolution
12.1 Obligation to inform according to the ODR-Regulation (Art. 14 Abs. 1 ODR-VO)
Link to the platform of the European Commission for online dispute resolution: http://ec.europa.eu/consumers/odr Our e-mail address is: info@kiessetz-und-schmidt.de


12.2 Obligation to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG)
We are not obliged and generally unwilling to participate in a dispute resolution procedure before a consumer arbitration board.