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You can find more information on this at www.fair-commerce.de.
General terms and conditions and customer information / sample withdrawal form /
Data protection
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts that you enter into with us as a supplier (SG Baustoffhandel.com GmbH)
close the eBay or CATCH by eBay Internet platform. Unless otherwise agreed, the inclusion will be carried out by you if necessary
used own conditions contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that
predominantly can neither be attributed to their commercial nor their independent professional activity. Everyone is an entrepreneur
natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their
independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods and / or the provision of assembly services.
We sell the goods partially or exclusively as a commission agent in our own name for someone else's account, i.e. for you
Third parties as the owner of the goods. Regardless of this, we are contractual partners with all rights and obligations.
(2) If an article is posted by us on eBay or CATCH by eBay, the activation of the offer page on eBay or CATCH is the result
by eBay the binding offer to conclude a contract under the conditions contained in the article page.
(3) The contract comes through the various online purchase functions (if offered on the respective article page) as follows
conditions:
a) Purchase using the "Buy It Now" function
After clicking the "Buy It Now" button on the item page, you can log into your existing eBay account or
first create a new eBay account. The next step takes you to the "Send to" query form, in which your
stored personal data are entered. You can select the payment method below.
As far as we have made available, you can alternatively place the order as a guest by clicking the accordingly
Click on the designated button. In the next step, enter your personal data in the "Send to" query mask and
select the payment method.
The order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as a payment method, you will either be on the
Order overview page on the eBay website or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have been directed back to eBay,
on the eBay website, the order data is displayed as an order overview.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also
via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("Buy", "Pay now" or similar designation) you declare
legally binding acceptance of the offer, whereby the contract is concluded.
b) Purchase using the "Add to cart" function
By clicking the "Add to shopping cart" button on the item page, the goods intended for purchase are placed in the "shopping cart"
filed. The "shopping cart" will then be displayed. Alternatively, you can use the corresponding button (shopping cart symbol) in the navigation bar to call up the "shopping cart" and make changes there at any time.
After clicking the "Checkout" or "Checkout Now" button in the shopping cart view, you can go to your existing
Log in to your eBay account or first create a new eBay account. The next step takes you to the "Send to" query mask in
which your stored personal data has already been entered. You can select the payment method below.
As far as we have made available, you can alternatively place the order as a guest by clicking the accordingly
Click on the designated button. In the next step, enter your personal data in the "Send to" query mask and
select the payment method.
The order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal, Apple Pay, Google Pay) as a payment method, you will either be on the
Order overview page on the eBay website or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have been directed back to eBay,
on the eBay website, the order data is displayed as an order overview.
Before submitting the order, you have the option to check the information in the order overview again, to change it (also
via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("Buy", "Buy now", "Pay now" or similar
Designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
c) Purchase using the "Bid" function
With the "Bid" function you can, within the period in which our offer can be accepted by bid ("offer duration"),
Submit a bid taking into account the bid increments set by eBay ("incremental increments"). As far as we have a reserve price
your bid must reach this reserve price in order to be considered.
After entering your bid amount ("maximum bid") and clicking the "Bid" button on the item page, you will be logged into your
existing eBay account (or the creation of a new eBay account).
On the following page you have the opportunity to check your bid again, to change it (also via the "back" function of the
Internet browser) or cancel the bid.
By submitting your bid using the "Confirm" button, you declare your legally binding acceptance of the offer.
The contract is concluded under the condition precedent that your bid is the
The highest bid is.
If another bidder submits a bid that exceeds their maximum bid before the bid period expires, your lower bid will expire.
d) Purchase using the "Send price proposal" function
With the function "Send price proposal" you have the possibility to send us a counter offer for the price shown on the article page
submit to.
After clicking the "Send price proposal" button on the item page and logging into your existing eBay account or the
To create a new eBay account, you can enter your price proposal on the following page and select how long your
Suggested price should apply.
After clicking the "Check price proposal" button, you have the option of checking your price proposal again on the following page
check, change (also via the "Edit price proposal" function on the page) or cancel the price proposal.
By submitting your price proposal using the "Send price proposal" button, you are submitting a binding offer to us.
You are bound to this price proposal for up to two days, depending on your selection.
The contract is concluded when we accept your price proposal within the validity period you have specified.
(4) The order is processed and all information required in connection with the conclusion of the contract is transmitted
partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct,
the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Provision of services for assembly services
(1) Insofar as assembly services are the subject of the contract, we owe those resulting from the service description
Assembly work. We provide this to the best of our knowledge and belief, personally or through third parties.
(2) The service is provided on the agreed dates.
(3) You are obliged to cooperate. In particular, you have the opportunity to do so at the time the assembly services are performed
offer to inspect the premises in an accessible and appropriately risk-free condition. You are also obliged to
to provide us with electrical energy and, if necessary, water. We are entitled to the contract part
to terminate the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to meet your obligations to cooperate. For this
we will set you a reasonable deadline during which you can make up the necessary cooperation services.
(4) If you make use of your right of termination in accordance with Section 648 sentence 1 of the German Civil Code (BGB), we can charge a flat rate of 10% of the agreed remuneration
Demand remuneration if execution has not yet started. However, if the statutory right of withdrawal exists, this only applies
if you only make use of your right of termination after the withdrawal period has expired. You reserve the right to prove that
we actually incurred no or significantly lower costs.
§ 4 Special agreements on the types of payment offered
(1) Purchase on account via PayPal
When purchasing on account via PayPal, we will irrevocably and in full our claim for payment against you
PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à rl et
Cie, SCA carries out a credit check using the transmitted data before accepting the assignment. We reserve the right to refuse this type of payment as a result of the credit check. You will be informed of this in the eBay checkout process.
If the purchase on account is approved, PayPal (Europe) S.à rl et Cie, SCA accepts the assignment, so that debt-discharging
Payments can only be made to PayPal (Europe) S.à rl et Cie, SCA. The payment period is 14 days from receipt of the
Were.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the current business relationship have been settled in full
before. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you are already making all claims in the amount
of the invoice amount that you accrue from the resale to us, we accept the assignment. You are on to the
Authorized collection of the claim. If you fail to properly meet your payment obligations, we reserve the right to do so
however, before to collect the claim itself.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value
the reserved goods to the other processed objects at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of ours
Collateral exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only disappears after one year
Delivery of the thing shows. If the defect becomes apparent within one year of delivery of the item, claims for defects can be made in
Asserted within the statutory limitation period of two years from delivery of the item. The above
Restriction does not apply:
- culpably caused damage attributable to us from injury to life, body or health and with
Other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item for completeness, obvious defects and immediately upon delivery
To check transport damage and to notify us and the freight forwarder of any complaints as soon as possible. Do not follow this
this has no effect on your statutory warranty claims.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, not
however, other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails,
you can either request a reduction in price or withdraw from the contract. The elimination of defects applies after an unsuccessful second
Attempt as failed if not something in particular from the nature of the thing or the defect or the other circumstances
other results. In the case of repairs, we do not have to bear the increased costs incurred in bringing the goods to you
place other than the place of performance, if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, body or health and with
Other damage caused intentionally or through gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for things that have been used for a building in accordance with their normal use and their defectiveness
have caused;
- in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it is subject to mandatory provisions of the law
protection granted in the state of habitual residence of the consumer is not withdrawn (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are
not consumers, but merchants, legal entities under public law or special funds under public law
are. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or usual
Residence is not known at the time the action is brought. The power to also take the court at another legal place of jurisdiction
calling remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
§ 8 Protection of minors
(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers,
who have reached the statutory minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you affirm that you have reached the legally required minimum age and that your information
are correct in terms of your name and address. You are obliged to ensure that only you or those of
Persons authorized to accept the delivery and who have reached the legally required minimum age will accept the goods
to receive.
(3) Insofar as we are obliged to carry out an age check due to the statutory provisions, we will notify us with the
Delivery commissioned logistics service provider to hand over the delivery only to persons who are legally required
Have reached the minimum age and, in case of doubt, have the identity card of the person receiving the goods for age control
to be shown.
(4) Insofar as we show that you are over the legally required minimum age in the respective item description
must have reached the age of 18 to purchase the goods, the above paragraphs 1-3 apply with the proviso that instead of the
the legally required minimum age must be of legal age.
II. Customer information
1. Identity of the seller
SG Baustoffhandel.com GmbH - Frohburg used goods store
At the gray wolf 4 in D-04654 Frohburg OT StreitwaldGermany
Telephone: 0162 9722770 or 034348 121751
Email: gebrauchtwarenkaufhaus-frohburg@web.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at
https://ec.europa.eu/odr.
2. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations "formation of the contract" of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order, the contract data can be accessed via the
Print function of the browser can be printed out or electronically saved. After we have received the order, the order data,
the information required by law for distance contracts and the general terms and conditions again by email
sent to you.
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You can access them via a correspondingly labeled button
on our website or in the respective offer, are shown separately in the course of the order process and are from
To be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as
e.g. duties, taxes or money transfer fees (bank transfer fees or exchange rate fees) that you have to pay
are wearing.
5.4. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit institutions) are yours in the cases
in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are under a correspondingly labeled button on our
Internet presence or shown in the respective offer.
If indicated in the online ordering process, you can also use Apple Pay and / or Google Pay as payment methods.
5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediate
due for payment.
6. Terms of delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
corresponding button on our website or in the respective offer.
If no other deadline is specified in the respective offer or under the corresponding button, the
Delivery of the goods within 3-5 days after conclusion of the contract (but only after the time of your
Money order).
6.2. As far as you are a consumer it is regulated by law that the risk of accidental loss and accidental deterioration of the
item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned another person appointed to carry out the dispatch.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
8. Termination
8.1. Information on the termination of the contract and the terms of termination can be found in the regulations on "Installation services"
in our General Terms and Conditions (Part I), as well as in the respective offer.
last update: 02/26/2020
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To SG Baustoffhandel.com GmbH, Am grau Wolf 4, 04654 Frohburg OT Streitwald, fax number: 0049034348123831, email address: gebrauchtwarenkaufhaus-frohburg@web.de:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of 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 if this is communicated on paper)
- Date
(*) Delete where inapplicable.
When participating in the eBay Plus program, commercial buyers (who, as eBay Plus members, can buy an item that is on eBay Plus
is listed) use the model withdrawal form for the declaration of withdrawal.
Data protection
Unless otherwise stated below, the provision of your personal data is neither legal nor
required by contract, still required for the conclusion of a contract. You are not obliged to provide the data. One
Failure to provide has no consequences. This only applies insofar as no other information is given in the subsequent processing operations
is made.
"Personal data" is all information that relates to an identified or identifiable natural person.
Collection, processing and transfer of personal data for orders
When you place an order, we only collect and process your personal data insofar as this is necessary for the fulfillment and processing of your
Order as well as to process your inquiries is necessary. The provision of the data is necessary for the conclusion of the contract. One
Failure to provide the data means that no contract can be concluded. The processing takes place on the basis of Art. 6 Para. 1 lit.
b GDPR and is necessary for the performance of a contract with you.
Your data will be passed on, for example, to the shipping company and dropshipping provider you have chosen,
Payment service providers, service providers for order processing and IT service providers. In all cases, we strictly observe the legal requirements
Requirements. The amount of data transmission is limited to a minimum.
Data collection and processing for the payment method purchase on account via PayPal
When paying via the payment method "purchase on account via PayPal", the purchase price claim is sent to PayPal (Europe) S.à rl et Cie,
Assigned to SCA (22-24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The data required for payment processing are provided by
eBay sent to PayPal. For the purpose of its own credit check, PayPal transmits data to credit agencies (credit agencies)
and receives from this information and, if necessary, creditworthiness information on the basis of mathematical-statistical procedures (probability or score values), the calculation of which includes address data, among other things. Explain by choosing the payment method mentioned
You agree to the transmission of the data to PayPal and the execution of credit checks by PayPal. As part of
of credit reports, PayPal works with credit agencies. Detailed information on this and on the credit agencies used
can be found in the privacy policy https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE from PayPal.
Use of PayPal
All PayPal transactions are subject to the PayPal privacy policy. You can find them
at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Duration of storage
After the contract has been fully processed, the data will initially be used for the duration of the warranty period and then taken into account
statutory, in particular tax and commercial retention periods and then deleted after the deadline, if
You have not consented to further processing and use.
Rights of the data subject
If the legal requirements are met, you have the following rights according to Art. 15 to 20 GDPR to: Right to information, on
Correction, deletion, restriction of processing, data portability.
In addition, according to Art. 21 Paragraph 1 GDPR, you have the right to object to the processing based on Art. 6 Paragraph 1 f GDPR
and against processing for the purpose of direct mail.
Contact us if you wish. The contact details can be found in our imprint.
Right of appeal to the supervisory authority
According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you are of the opinion that the
Processing of your personal data has not taken place lawfully.
Right to object
If the personal data processing listed here is based on our legitimate interest in accordance with Art. 6 Para.
1 lit.f GDPR, you have the right, for reasons that arise from your particular situation, to include this processing at any time
Effect for the future to contradict.
After the objection has been made, the processing of the data concerned will be terminated, unless we can make mandatory protection worthy
Provide reasons for the processing that outweigh your interests, rights and freedoms, or if the processing of the
Serves to assert, exercise or defend legal claims.
If the personal data processing takes place for the purpose of direct advertising, you can inform us about this at any time
to contradict us. After the objection has been made, we will stop processing the data concerned for the purpose of direct advertising.
last update: May 16, 2020
