Terms of Service
General terms and conditions of business
1. SCOPE
The following terms and conditions apply to all orders placed via our eBay shop, classified ads and online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. CONTRACTUAL PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with Hilprecht-Autoteile.
Auction format
When we list an item in an auction or fixed-price format, we make a binding offer to conclude a contract for that item. We determine the starting or fixed price and the offer duration, i.e., the period within which the offer can be accepted. If we set a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.
We can also provide offers in auction format with a Buy It Now function, which you can use as long as no bid has been placed on the item or the reserve price has not yet been reached.
In auctions, you accept the offer by submitting a bid. Acceptance is subject to the condition precedent that you are the highest bidder at the end of the auction period. Your bid expires if another buyer submits a higher bid during the auction period.
Fixed price format
When we list items in a fixed price format, we make a binding offer to conclude a contract for that item.
You accept the offer by clicking the "Buy Now" button and then confirming. For fixed-price items for which we have selected the "Immediate Payment" option, you accept the offer by clicking the "Buy Now" button and completing the immediately following payment process. You can also accept offers for multiple items by placing the items (if available) in your shopping cart and completing the immediately following payment process.
Price suggestion option
If one of our offers displays the "Send Price Suggestion" button below the Buy It Now price, you can suggest a price at which you would purchase the item. We can accept your price suggestion, reject it, or make a counteroffer. When you submit a price suggestion, you are making a binding offer to conclude a contract for that item at the price you suggest. Your price suggestion is valid for 48 hours or until the end of the offer, whichever comes first. If we accept it, a binding contract is concluded. The price suggestion generally only refers to the price for the item offered.
Correction options
You can review and correct your entries before submitting your order using the self-explanatory tools provided by eBay during the ordering process. To cancel a transaction, click your browser's "Back" button to return to the item page or the eBay shopping cart. In the shopping cart, you can change the quantity of products by changing the quantity or delete the item from the shopping cart by clicking "Remove." Input errors can also be corrected by canceling the purchase process.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
The languages ​​available for concluding the contract are German and English.
We store the contract text on our systems, but these are not accessible to you. However, you can view your recent orders via your eBay account under "My eBay." The full contract text is not accessible there.
4. DELIVERY CONDITIONS
You have the option of picking up your order from Hilprecht, Landsbergerstrasse 39, 04157 Leipzig, Germany during the following business hours: by appointment
5. PAYMENT
In our shop you can generally use the following payment methods:
Prepayment
If you choose to pay in advance, we will give you our bank details immediately after you complete your order and will deliver the goods after we receive your payment.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.
credit card
When you place your order, you provide your credit card details. Once you have verified your identity as the legitimate cardholder, the payment transaction will be processed automatically, and your card will be charged.
Direct debit via RatePAY
If you have chosen direct debit as your payment method via RatePAY, you do not need to be registered with RatePAY to pay the invoice amount. By confirming the payment order, you grant RatePAY a direct debit mandate. RatePAY will inform you of the date your account will be debited (so-called prenotification). Upon submitting the direct debit mandate immediately after confirming the payment order, RatePAY will request its bank to initiate the payment transaction. The payment transaction will be processed, and your account will be debited. You will receive further information during the ordering process.
Credit card via PayPal
If you have chosen to pay by credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company immediately after confirmation of the payment order and your identification as the legitimate cardholder, and your card will be charged upon request from PayPal. Further information will be provided during the ordering process.
Direct debit via PayPal
If you have chosen direct debit as your payment method, you do not need to be registered with PayPal to pay the invoice amount. By confirming the payment order, you grant PayPal a direct debit mandate. PayPal will inform you of the date your account will be debited (so-called prenotification). Upon submission of the direct debit mandate immediately after confirming the payment order, PayPal will request its bank to initiate the payment transaction. The payment transaction will be processed and your account will be debited. You will receive further information during the ordering process.
Cash on pickup
You pay the invoice amount in cash upon collection.
Purchase on account via PayPal
You will be redirected to the website of the online provider PayPal. You do not need to be registered with PayPal to pay the invoice amount via PayPal. After a successful address and credit check and the order has been placed, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal, the PayPal Terms and Conditions and Privacy Policy apply – in addition to our Terms and Conditions. Further information and PayPal's complete Terms and Conditions for purchase on account can be found here: www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Apple Pay
To pay the invoice amount via Apple Pay, you must use the Safari browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed immediately after you place your order. Further instructions will be provided during the ordering process.
Google Pay
To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
6. RIGHT OF WITHDRAWAL
You have the statutory right of withdrawal as described in the cancellation policy.
eBay Plus
If you are registered for eBay Plus, you can use the following additional service – without prejudice to your statutory rights: For all items not exempt from the right of withdrawal, eBay provides you with free Hermes return labels via the eBay returns process. Simply initiate the return in "My eBay" within the withdrawal period and print the Hermes return label provided there. You can drop off the return at any Hermes parcel shop in Germany. Once the item has arrived with us, we will arrange a full refund of the purchase price within six working days or a refund in accordance with our return policy. Further detailed information can be found here: https://pages.ebay.de/help/pay/ebay-plus-returns.html.
7. RESERVATION OF TITLE
The goods remain our property until full payment has been made.
The following additionally applies to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations.
8. TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. For merchants, the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification stipulated therein, the goods are deemed to have been accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.
9. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.
For businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we will initially provide a warranty to entrepreneurs at our discretion by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• to the extent that the scope of application of the Product Liability Act is open.
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our staff at 0178 9269714 from 10:00 a.m. to 6:00 p.m.
10. LIABILITY
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• to the extent that the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. FINAL PROVISIONS
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Terms and conditions created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.