I. Terms of Service
- Terms of Service (I)
- Data protection (II)
- Customer Information (III)
- Cancellation (IV)
- Model withdrawal form (V)
- More information (VI)
1. Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Kutlu Deutschland GmbH) via the Internet platform eBay. Unless otherwise agreed, the inclusion of any of your own terms used by you is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
2. Conclusion of the contract
(1) Subject of the contract is the sale of goods.
(2) If an article is posted by us on eBay, is the activation of the offer page on eBay, the binding offer to conclude a purchase contract for the conditions contained in the article page.
(3) For the conclusion of the contract, the eBay terms and conditions apply, especially § 6, a link is located on each eBay page below.
Depending on the offer format, the conclusion of the contract is regulated 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 a 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. eBay reserves the right to change this feature in the future.
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 the "Buy It Now" button and completing the immediately following payment process. 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 after 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 shall be 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 they have 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 article is deleted by eBay before the end of the offer period, no effective contract between buyer and seller will be concluded. "
(4) Buy using the Buy It Now or Bid It feature
Clicking on the "Buy It Now" or "Bidding" buttons on the article pages does not lead to binding contract declarations. You also have the option to check your entries and correct them via the "Back" button of the Internet browser or to cancel the purchase. Only with the submission of the binding contract declaration does this option no longer exist. From the menu guidance of eBay when making a purchase results, by which statement you enter a binding and by which action the contract comes off.
(5) Purchase through the shopping cart (if available)
By clicking on the "Add to cart" button on the article pages, the goods intended for sale are stored in the "Shopping cart". Afterwards you will see the "shopping cart". Furthermore, you can call up the "Shopping Cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the page "Proceed to checkout" and selecting or entering the delivery address and payment method, all order data will finally be displayed on the order summary page.
If you select "PayPal" as your payment method, you will first be taken to a PayPal login window. After successful registration with PayPal you will be redirected to the order summary page on eBay.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By clicking on the button "Buy and pay" you declare legally binding the acceptance of the offer, whereby the purchase contract comes about.
(6) Purchase via the "Price proposal" function (if available)
With the "Price proposal" function, you have the option of submitting a counter offer by clicking on the "Send price proposal" button on the article page, entering your price proposal on the following page, selecting the "Check price proposal" button and on the following page confirm the button "send price proposal" (binding offer). You are bound to this price proposal for 2 days. The contract is concluded when we accept your price proposal.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you have provided to us is correct, that the reception of the e-mails is technically ensured and, in particular, that no SPAM filters prevent it.
3. Retention, retention of title
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies in addition:
(a) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
(b) You can resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. They are further authorized to collect the claim. If you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
(d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
(1) The statutory warranty rights exist.
(2) For used goods the warranty period deviates from the legal regulation one year from delivery of the goods. The one-year warranty period does not apply to culpably caused damages caused by injury to life, body or health and grossly negligent or intentionally caused damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB
(3) Insofar as you are an entrepreneur, deviating from para. 1:
(a) The quality of the goods is only our own information and the product description of the manufacturer as agreed, but not other advertising, public suggestions and expressions of the manufacturer
(b) You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods in text form (e-mail, for example), the deadline is sufficient. This also applies to later discovered hidden defects from discovery. In case of violation of the obligation to inspect and to object, the assertion of the warranty claims is excluded.
(c) In the case of defects, we shall provide warranty at our option through repair or replacement. If the defect elimination fails, you can request a reduction or withdraw from the contract at your discretion. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs of shipping the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods
(d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages caused by injury to life, limb or health and grossly negligent or intentionally caused damages or malice, as well as to recourse claims according to §§ 478, 479 BGB.
(a) Insofar as a used item is the object of delivery and the item was purchased by a consumer, the limitation period for claims for damages due to defects is 1 year. If a used article is bought by an entrepreneur, there is no guarantee.
Insofar as a new or newly produced object is the object of delivery, the limitation period for claims for damages due to defects shall be:
- as far as the article was bought by a consumer: 2 years
- as far as the article was bought by an entrepreneur: 1 year
(b) The period of limitation begins with all claims for damages with the delivery.
(c) However, the above limitation periods apply with the following proviso:
The limitation periods are generally not in the case of intent or fraudulent concealment of a defect. In addition, the limitation periods do not apply to claims for damages in the case of a grossly negligent breach of duty, culpable violation of essential contractual obligations, in cases of injury to life, limb or health or claims under the Product Liability Act. The limitation periods for claims for damages also apply to the reimbursement of futile expenses.
(d) Unless expressly determined otherwise, the statutory provisions on the commencement of the limitation period, the suspension of proceedings, the inhibition and the new start of periods remain unaffected.
(e) A change of the burden of proof to the disadvantage of the buyer is not connected with the above regulations.
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase and in all other statutory cases
(2) The liability for defects within the framework of the legal warranty is governed by the corresponding provision in our Customer Information (Part II) and General Terms and Conditions (Part I)
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on us according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and on which you can regularly trust.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of minor contractual obligations.
(5) Data communication over the Internet can not be guaranteed error-free and / or available at all times according to the current state of the art. In this respect, we are not liable for the continuous or uninterrupted availability of the website and the service offered there.
7. Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of fulfillment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. data protection
(1) Your personal data will only be passed on to third parties who are involved in the execution of the contract. These include, for example, the respectively commissioned logistics or forwarding companies and credit institutions, which are charged with the settlement of the purchase price payment. Your personal data will only be transmitted within the scope of a minimum required for this purpose.
(2) We point out that you agree to the conclusion of the contract, the collection, processing and use of your personal data in the context of these terms and conditions.
(3) You may object to the use of your personal information at any time without incurring any costs other than the base rate transmission costs.
(4) You have the right to receive free information about the personal data stored about you. Please contact:
Kutlu Deutschland GmbH
Gesellschaft für Dienstleistungen und Handel
(5) Furthermore, you have the right to revoke your consent to the storage of personal data at any time with effect for the future. In this case the data will be deleted.
III. Customer Information
(1) Identity of the seller
Kutlu Deutschland GmbH
Gesellschaft für Dienstleistungen und Handel
Sales tax identification number: DE256560519
tax number 316/5749/0335
managing Director Mahmut Kutlu
Registration number in the commercial register at Amtsgericht Dortmund HRB 18923
The European Commission is providing an online dispute resolution (OS) platform, which can be found at the following link: http://ec.europa.eu/consumers/odr
In a dispute over a consumer contract, we do not participate in a dispute settlement procedure before a consumer arbitration board.
(2) Information about the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
(3) Contract language, contract text storage
(3.1) Contract language is German.
(3.2. The complete contract text will not be saved by us. Before submitting the order, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by e-mail.
(4) Essential features of the product or service
The essential features of the product and / or service can be found in the respective offer.
(5) Prices and payment methods
(5.1) Die in den jeweiligen Angeboten angeführten Preise sowie die Versandkosten stellen Gesamtpreise dar. Sie beinhalten alle Preisbestandteile einschließlich aller anfallenden Steuern.
(5.2) The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
(5.3) The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
(5.4) Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.
(6) Delivery Terms
(6.1) The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
Insofar as no other period is specified in the respective offer or under the correspondingly designated button, the delivery of the goods takes place within 3-5 days after the conclusion of the contract (with agreed advance payment, however, only after the time of your payment order)
(6.2) Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
Are you an entrepreneur, the delivery and shipment takes place at your risk.
(7) Legal warranty rights
(7.1) The liability for defects for our goods is governed by the regulation "Warranty" in our General Terms and Conditions (Part I).
(7.2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (Kutlu Deutschland GmbH, Gesellschaft für Dienstleistungen und Handel, Flöz-Sonnenschein-Str. 4, 44536 Lünen, Tel.: +49 231 98228950, Fax: +49 231 98228951, E-Mail: email@example.com) by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form
, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of 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 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 will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received 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 deadline 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 functioning of the goods.
V. Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Kutlu Deutschland GmbH
Gesellschaft für Dienstleistungen und Handel
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) /
providing 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)
(*) Delete as appropriate.
VI. More information
(1) Participation in the liberation system "Grüne Punkt"
We participate in the redemption system of the Green Dot. The sales packaging filled by us for the first time and delivered to private end consumers can be returned via this system. Further information can be found at: https://www.gruener-punkt.de
(2) Information according to the ElektroG
Electronics and electrical appliances placed on the market after 13.08.2005 must be marked with a symbol (crossed-out wheeled bin) by the manufacturer. As a dealer, we are legally obliged to inform you that such waste should not be disposed of as unsorted waste, but collected separately and disposed of through the local collection and return systems.
Electrical appliances that you have bought from us after 13.08.2005 and that do not have the required marking are taken back by us free of charge and disposed of properly. You can hand in these electrical appliances directly from us or return them to us free of charge.
(3) Information according to the BattG
Batteries must not be disposed of with household waste!
As a seller, we point out that the customer as a consumer for the return of used batteries is legally required
Please dispose of waste batteries at a municipal collection point or at the local retailer. If you have received batteries from us, you can return them to us free of charge or post a sufficiently franked post to us
Batteries containing pollutants are marked with a crossed-out wheeled bin symbol and the chemical symbol of the pollutant.
The abbreviations mean: Cd = cadmium, Li = lithium, Li-ion = lithium-ion, Ni = nickel, Mh = metal hydride, Pb = lead, Zi = zinc.