Lexikon der erotischen Literatur

Terms and Conditions (GTC)


Overview


§1 Scope


§2 contracting party


§3 offer and conclusion of contract


§4 contract and data protection


§5 revocation


§ 6a Return costs upon revocation


§ 6b value replacement and avoidance thereof


§7 Prices Shipping and Payment


§8 delivery


§9 Retention of title


§10 warranty


§11 Limitation of Liability


§12 Privacy Policy


§13 other provisions










§1 Scope


(1) These terms and conditions of "G & G CeDi Management" (hereinafter "Seller"), apply to all contracts that the customer concludes with the seller on the Internet platform eBay (hereinafter "e-Bay") of the seller. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.


(2) Customers within the meaning of item 1 are both consumers and entrepreneurs, where a consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to their commercial nor their independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal personality who, in the course of entering into a legal transaction, is exercising his or her independent professional or commercial activity.


§2 contracting party


The purchase contract is concluded with:


G & G CeDi Management Owner Gunther CeustersOberbergerstrasse 148842 UnteribergSwitzerland
Email: versandantiquariatunteriberg@gmail.com

You can contact our Customer Service for questions by mail at liberantiqua@gmail.com


§3 offer and conclusion of contract


The conclusion of the contract on the eBay platform takes place in accordance with § 3 I.


(1) Contract on the eBay platform:


a. The conclusion of the contract on eBay is governed by §§ 10, 11 of the General Terms and Conditions of "eBay" for the use of German-language eBay sites (available at pages.ebay.de/help/policies/user-agreement.html).


b. The customer can correct his input before submitting his order using the technical means provided by eBay. The corrections can be made using the usual keyboard and mouse functions directly on the offer page in the corresponding input fields or by clicking on the "buy now" or "bid" button on the confirmation page below.


c. The offer page of the seller is stored by eBay and can be viewed by the customer through his customer account on eBay up to 90 days after the date of purchase. By means of the print function of the browser the customer has the possibility to print out the website.


d. The order data will be sent to the customer after conclusion of the contract in text form by email. The same applies to the contract terms including these terms and conditions and consumer information.


§4 contract and data protection


The contract text is stored on our internal systems. According to § 33 BDSG also your personal data are stored. The general terms and conditions can be viewed at any time on this page. Further information on data protection can be found under § 12.


Responsible body for data processing is:


G & G CeDi Management Owner Gunther CeustersOberbergerstrasse 148842 UnteribergSwitzerland
Email: versandantiquariatunteriberg@gmail.com






§ 5 Revocation


Withdrawal Germany:


You can cancel your contract within 14 days without giving reasons in writing (for example, letter, fax, email or - if you leave the matter before the deadline - by returning the goods). The period begins on receipt of this text in text form, but not before receipt of the goods at the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and not before fulfillment of our information obligations under Art. 246 § 2 i.V.m. § 1 Abs. 1 and 2 EGBGB as well as our obligations according to § 312g Abs. 1 S. 1 BGB i.V.m. Art. 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:




G & G CeDi Management Owner Gunther CeustersOberbergerstrasse 148842 UnteribergSwitzerland
Email: versandantiquariatunteriberg@gmail.com

Returns:


In the case of an effective cancellation, the mutually received benefits shall be returned and any use (such as interest) that has been made must be surrendered. If you can not give us back or give us the received performance as well as use (for example, benefits of use) in whole or in part or in a deteriorated condition, you must pay us compensation in this respect. This may mean that you must comply with the contractual payment obligations for the period until cancellation. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. By testing the properties and functionality is meant testing and trying out the product as it is possible and usual in the store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered and if the price, the thing to be returned does not exceed an amount of 40.00 EUR or if you at a higher price of the thing at the time of cancellation not yet Counter-performance or a contractually agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the revocation or the thing, for us with their receipt.


End of revocation


§ 6 a Return costs upon revocation


If there is a right of revocation according to § 312d Abs. 1 Satz 1 BGB, the regular costs of the return will be charged to the customer when the price of the item to be returned does not exceed 40 Euro or if at a higher price The customer has not yet provided the consideration or a partial payment at the time of the cancellation, unless the delivered goods do not correspond to the order. In all other cases the seller bears the costs of the return.


§ 6 b value replacement and avoidance thereof


If you are in a revocation, the benefits received in whole or in part, or only in a deteriorated condition, you have to pay compensation for the value. This does not apply to the surrender of goods if the deterioration of the item is solely attributable to its examination - as would have been possible in a shop, for example. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from anything that would impair its value.


§ 6c General information


(1) Please avoid damage and contamination of the goods. If possible, please return the goods 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.


(2) Please do not return the goods to us if possible. We also reimburse you on request, if necessary, the postage costs, unless they are to be carried by yourself.


(3) Please note that the above-mentioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.


§7 Prices Shipping and Payment


(1) The indicated prices of the seller are final prices, i. they include all price components, including the statutory German value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product presentation in the offer. Further costs are incurred on a case-by-case basis for cross-border deliveries, such as further taxes and / or duties, for example in the form of customs duties


(2) In the case of contractual agreements via the eBay platform, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:


PayPal


Mastercard, Visa,

§8 delivery


(1) Delivery takes place worldwide.


(2) The delivery of goods takes place regularly on the way to dispatch and to the delivery address specified by the customer. When processing the transaction, only the delivery address specified in the order processing of the seller is decisive.


(3) If a delivery to the customer is not possible, the commissioned transport company will return the goods to the seller, whereby the customer has to bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.


(4) The risk of accidental loss and accidental deterioration of the sold goods is generally transferred to the transfer to the customer or a recipient. If the customer is an entrepreneur (acting in the exercise of his commercial or independent professional activity, § 14 BGB), then the risk of accidental loss and accidental deterioration of the sale of the delivery with the delivery of the goods at the seller's place of business to a suitable transport person ,


(5) For an entrepreneur, all agreed delivery periods shall apply subject to correct and timely self-delivery in cases in which the seller has concluded a specific cover transaction and is not responsible for the lack of availability.


(6) If the ordered product can not be delivered on time because we are not supplied with this product in time by our supplier, we will inform you immediately. In this case, you are free to wait for the ordered product or to cancel your order. In case of cancellation, any counterpayments already made will be refunded immediately. In this case, we are also entitled to resign.


§9 Retention of title


(1) We reserve the ownership of the purchased item until receipt of all payments from the purchase contract. In case of breach of contract by the customer, in particular in case of default, we are entitled to take back the purchased item. The withdrawal of the purchased item by us is a withdrawal from the contract. We are entitled to use them after repossession of the wallet, and the proceeds of sale will be credited towards the customer's liabilities less reasonable costs of use.


(2) The customer is obliged to handle the purchased goods carefully; in particular, he is obliged to adequately insure these at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry it out on time at their own expense.


(3) In the case of seizures or other interventions by third parties, the customer must notify us immediately in writing, so that we can file an action in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the damage incurred by us.


§ 10 warranty


(1) The delivered goods may, to the extent reasonable, deviate slightly from the goods displayed on the internet.


(2) Consumers have the choice whether the supplementary performance should be carried out by repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen, if it is possible only with disproportionate costs and the other type of subsequent performance without significant disadvantages for the consumer remains.


For entrepreneurs, the seller can in case of defects in the goods initially at their discretion replace currency by repair or replacement.


(3) If the supplementary performance fails, the customer may, at his own option, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal) as well as damages. Instead of damages instead of performance, the customer may demand the reimbursement of futile expenses within the framework of § 284 BGB, which he has done in reliance on the receipt of the goods and which he was allowed to approve.


In the case of insignificant defects, the customer has no right of withdrawal under consideration of mutual interests. If the customer chooses damages instead of performance, the limitations of liability according to § 11 Abs.1 of these General Terms and Conditions apply.


(4) Entrepreneurs must notify the seller of obvious defects in the delivered goods within two weeks of receiving the goods; Otherwise the assertion of warranty claims is excluded. To meet the deadline, timely notification or dispatch is sufficient. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the complaint. For merchants is § 377 HGB.

(5) Consumers are requested to inform the supplier (freight forwarder / freight service) of obvious damage to the packaging as well as damage to the contents thereof, to refuse acceptance and to inform the seller immediately about this incident. Failure to comply with this request, however, will not affect the consumer's warranty claim and will not result in claims for damages by the seller. The limitation periods are not shortened by the aforementioned request.


(6) In the case of entrepreneurs, the condition of the goods is in principle only the product description of the manufacturer as agreed. Public statements, advertising or advertising of the manufacturer do not constitute a contractual condition of the goods.


(7) For consumers, the warranty period is two years from the date of delivery of the goods.


For entrepreneurs, the warranty period is one year from the delivery of the goods.


For used goods, the warranty period for consumers and entrepreneurs is one year from delivery of the goods.


The one-year warranty period shall not apply if the seller is guilty of gross negligence or malice, nor in the event of damage to the body and health attributable to the seller and in the event of loss of life of the customer or in the case of a guarantee. The liability of the seller under the Product Liability Act remains unaffected.


(8) The seller does not give any guarantees to the customer in the legal sense, unless expressly agreed otherwise. Manufacturer's warranties remain unaffected.


§ 11 Limitation of Liability


(1) In the case of slightly negligent breaches of duty, liability shall be limited to foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The seller is not liable for slightly negligent breach of minor contractual obligations. The seller, however, is liable for the violation of contractual legal positions of the customer. Contractual legal positions are those which the contract has to grant to the customer according to the contractual content and purpose. The seller is also liable for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer may rely.


The above limitations of liability do not apply to claims of the customer for warranty and / or product liability. Furthermore, the limitations of liability shall not apply to Arg-list, in the event of breach of essential contractual obligations, as well as in the event of damage to body and health attributable to the seller or loss of life of the customer.


(2) The seller is only liable for own content on eBay. As far as links to the access to other websites is made possible, the seller is not responsible for the foreign content contained therein. The seller does not endorse the foreign content. If the seller becomes aware of illegal content on external websites, the seller will immediately block access to these pages, if this is technically possible.


§ 12 Privacy


(1) Personal data are only collected and stored when the customer provides the seller with the contract. The personal data entered on this occasion will be used for the execution of the contract as well as for processing the customer's inquiries. In addition, the data will be used for the purpose of future customer care and customer care, and the customer may object to this at any time, without incurring any costs other than the transmission costs according to the basic rates.


(2) The personal data of the customer shall be passed on to the transport company commissioned with the delivery within the scope of the contract, insofar as this is necessary for the delivery of the goods.


(4) Otherwise, the personal data of the customer will not be passed on to third parties.


(5) After complete execution of the contract and full payment of the purchase price, the customer's data will be stored with regard to tax and commercial retention periods, but deleted after expiry of these periods, unless the customer expressly declares in the further use of his data has consented.


(6) The customer can turn to the seller for questions regarding the collection, processing or use of his personal data free of charge. Email: 2gcedimanagement@gmail.com

(7) The company w + h GmbH is commissioned for data processing. For thisThere is a valid order data processing contract according to theEuropean General Data Protection Regulation (DSGVO). The company w + h GmbHstores your data among other things in the billing software,in the online order management and tracking system (order control) and atthe automatic processing of marketplace orders.
§ 13 other provisions
(1) For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. The same applies if the customer has no general place of jurisdiction in Germany or the EU or if his domicile or habitual residence is unknown at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.


(3) The contract language is German.

Bank details:

Account Owner: G & G CeDi Management Owner Gunther CeustersCHF: CH98 0021 6216 1050 1701 ABIC: UBSWCHZH80ABank: UBS Pfäffikon