General Terms and Conditions, Customer Information

Important Notice:
This document constitutes an English translation of the original German Terms and Conditions.
In the event of any discrepancies, inconsistencies, or interpretation differences between the English translation and the German original, the German version shall prevail, and German law shall exclusively apply.

Hier klicken für die deutsche Version

§1 Introductory Provisions

(1) These General Terms and Conditions (GTC) apply to all contracts concluded between the provider Hilprecht-Motoren GmbH, Waldstraße 23B, 04105 Leipzig, Germany, and the customer via the internet platform eBay, regardless of the top-level domain used or the device through which the customer accesses eBay.

(2) Any pre-formulated terms of the customer deviating from these GTC shall not become part of the contract, even if known, unless the provider expressly agrees to their validity at least in text form (e.g. email).

(3) The term “consumer” refers to any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. “Entrepreneur” means any natural or legal person or legally capable partnership acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

(4) The contract language is German.

§2 Reference to the European Commission’s OS Platform

The European Commission provides an online platform for out-of-court online dispute resolution (OS platform), available at:
http://ec.europa.eu/odr

The provider’s email address can be found in the section “Legal information of the provider” within the respective item description.

§3 Subject Matter of the Contract, Essential Characteristics of the Goods

(1) The provider offers goods for purchase. Contractual partners are the provider and the customer.

(2) The essential characteristics of the goods are stated in the item description and the supplementary information on the provider’s website.

§4 Conclusion of Contract, Correction Options, Storage of Contract Text

(1) The steps for concluding the contract are governed by eBay’s terms and conditions, in particular § 6, depending on the offer format (auction, fixed price, Buy-It-Now, price proposal, etc.).

(2) Buy-It-Now or bidding:
Clicking “Buy-It-Now” or “Bid” does not yet constitute a binding declaration. Customers may review and correct entries using the browser’s back function or cancel the purchase entirely. A binding declaration arises only upon final submission as defined by eBay’s process.

(3) Shopping cart function:
Items placed in the cart can be reviewed, modified, or removed. After entering delivery and payment details, all order data are displayed again. By clicking “Buy and pay”, the customer accepts the provider’s offer in a legally binding manner.

(4) Price proposal function:
Customers may submit a counter-offer via “Send price proposal.” The offer is binding for two days. A contract is concluded once the provider accepts the proposal.

(5) The contract text is not fully stored by the provider, subject to statutory retention obligations. Customers are advised to print or save order data. All legally required information and these GTC are sent by email after receipt of the order.

(6) Communication occurs via automated email. Customers must ensure receipt of provider and eBay messages, including checking spam settings.

§5 Prices and Payment Terms

(1) All prices are total prices including statutory VAT and all price components.

(2) Shipping costs are not included unless explicitly stated. They are displayed on the website and during checkout and must be borne by the customer unless free shipping is agreed.

(3) Available payment methods are listed on the website or in the eBay item description. Unless otherwise specified, payment is due immediately upon conclusion of the contract.

(4) Goods remain the provider’s property until full payment is received.

(5) Deliveries outside the European Union may incur additional customs duties, taxes, or fees payable by the customer to the competent authorities.

§6 Purchase on Invoice via PayPal

If the customer selects purchase on invoice via PayPal, the provider irrevocably assigns the payment claim in full to PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. PayPal performs a credit check using transmitted customer data. If approved, payment with discharging effect can only be made to PayPal. The payment period is 14 days from receipt of the goods.

§7 Delivery Conditions

(1) Delivery times and restrictions are stated in the item description.

(2) Delivery within Germany occurs within 3–6 days after contract conclusion or, in case of prepayment, after payment instruction.

(3) Delivery within the EU: 6–14 days.
International delivery outside the EU: 14–60 days.

(4) For consumers, risk passes upon delivery of the goods. For entrepreneurs, shipment occurs at the buyer’s risk.

(5) Customers are requested to inspect goods immediately for defects or transport damage. For consumers, failure to do so does not affect statutory warranty rights.

§8 Warranty

(1) Statutory warranty rights apply.

(2) For used goods, the warranty period is 1 year from delivery.

(3) For non-consumer transactions, inspection and defect notification must occur within 14 days. The provider may choose repair or replacement. Warranty period: 1 year from transfer.

(4) Limitations do not apply to injury to life, body, or health, intent or gross negligence, fraudulent concealment, or product liability claims.

§9 Limitation of Liability

(1) Claims for damages are excluded except in cases of injury to life, body, or health, breach of essential contractual obligations, or intent/gross negligence.

(2) For slight negligence in essential obligations, liability is limited to foreseeable, typical damages.

(3) Mandatory statutory liability (e.g. product liability law) remains unaffected.

(4) Limitations also apply to legal representatives and agents.

§10 Final Provisions and Jurisdiction

(1) All legal relationships are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protections of the country of residence remain unaffected.

(2) If the customer is a merchant or legal entity under public law, the place of performance and exclusive jurisdiction is Leipzig. The same applies if the customer has no general jurisdiction in Germany or their residence is unknown at the time of legal action.

Leipzig | Version 2016