I. General Terms

The following conditions apply to all deliveries and services from the eBay shop of
Miniteile24 – Miniparts24 GbR (hereafter referred to as MINIPARTS24).

Partners Ronald Weel & Freek Weel
Miniteile24 – Miniparts24 GbR
Euregio Straße 13
48465 Schüttorf
Germany
Phone: 05923 9930330
Email: info@miniparts24.com
VAT ID No. DE304889182

Any general terms and conditions of the contracting party that differ from these are expressly contradicted.

Deviations from our general terms and conditions are only effective if they are set out in writing in the respective contract and have been confirmed in writing by us.

These general terms and conditions apply to all contractual partners, both consumers and businesses

a) A consumer, in this context, is any natural person who enters into a contract with us for purposes that predominantly are outside their trade, business, or profession.

b) A business, in this context, is a natural or legal person or a partnership with legal personality who, when entering into a contract with us, acts in the exercise of their trade, business, or profession.

II. Contract Language and Storage of the Contract Text

The language available for the conclusion of the contract is German.

MINIPARTS24 stores the contract text in a system that is not accessible to the buyer. Through his eBay account, the buyer can view his last orders under “My eBay.” However, the complete text of the contract is not included there.

III. Conclusion of the Contract via eBay

The formation of the contract is governed by the respective eBay listing formats and is regulated in the eBay terms and conditions. A link to the eBay terms and conditions can be found at the bottom of each eBay page.

A variety of listing formats and functions are provided to initiate or conclude contracts using eBay services.

When MINIPARTS24 lists an item in an auction or fixed-price format, it makes a binding offer to conclude a contract for this item. A start or fixed price and a period within which the offer can be accepted are determined.

a) If MINIPARTS24 sets a minimum price in the auction format, the offer is subject to the condition that the minimum price is met. Offers in the auction format can also be provided with a “Buy It Now” option. This can be exercised by a buyer as long as no bid has been placed on the item or the minimum price has not been reached. In the auction format, the buyer accepts the offer by submitting a bid. Acceptance is under the suspensive condition that they are the highest bidder at the end of the offer period. The bid expires if another buyer submits a higher bid during the offer period.

b) When MINIPARTS24 lists an item in a fixed-price format, this constitutes a binding offer to conclude a contract for that item. The buyer accepts the offer by clicking the “Buy It Now” button and then confirming. In fixed-price offers where Miniteile has selected the “immediate payment” option, the buyer accepts the offer by clicking the “Buy It Now” button and completing the subsequent payment process. Offers for multiple items – if available – can also be accepted by adding them to the shopping cart and completing the subsequent payment process.

c) If the “Make Offer” function is available, the buyer has the opportunity to submit a counteroffer to MINIPARTS. This is done by clicking the “Send Price Proposal” button on the item page, entering the price proposal on the following page, selecting the “Review Price Proposal” button, and confirming with the “Send Price Proposal” button on the subsequent page. This constitutes a binding offer to which the buyer is bound for 48 hours or until the end of the offer, whichever comes first. If MINIPARTS accepts the price proposal, the purchase contract is concluded.

If MINIPARTS24 prematurely ends the offer, a contract is concluded between it and the highest bidder unless MINIPARTS was entitled to withdraw the offer and delete the existing bids. Whether a valid reason exists is according to eBay guidelines, which are freely accessible on eBay.

If an offer is deleted by eBay before the end of the offer period, no effective contract is formed between the buyer and MINIPARTS24.

Every buyer who is a consumer has the right to revoke the offer in accordance with the special revocation and return instructions communicated to them during the ordering process.

IV. Bid Withdrawal and Buyer’s Correction Options

Buyers can only withdraw bids if there is a justified reason for doing so. A justified reason exists if the buyer has entered an incorrect bid amount by mistake, the item description has been significantly changed by MINIPARTS after the bid was placed, or MINIPARTS does not respond to inquiries.

Before submitting the order, buyers can recognize and correct their entries using the means provided by eBay in the order process, which are self-explanatory. To cancel a transaction, press the “Back” button of your browser to return to the item page or eBay shopping cart. In the shopping cart, you can change the number 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.

V. Delivery

In addition to the indicated product prices, shipping costs will be added unless free shipping is expressly promised. The buyer will find more details about the shipping costs in the respective offers.

The goods remain the property of MINIPARTS24 until full payment has been made.

VI. Payment Conditions

The buyer is generally required to pay in advance. Unless the buyer and seller agree otherwise, the purchase price is due immediately and must be paid by the buyer using the payment methods offered by the seller.

The payment is processed via eBay. The payment methods available to the buyer are listed in the respective item description.

If a purchase is made on account via PayPal, MINIPARTS24 irrevocably assigns the claim against the buyer in full to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The buyer agrees that PayPal (Europe) S.à r.l. et Cie, S.C.A. may carry out a credit check using the submitted data before accepting the assignment. MINIPARTS reserves the right to refuse the buyer this payment method as a result of the credit check. The buyer will be informed about this during the eBay purchase process. If the purchase on account via PayPal is approved, PayPal (Europe) S.à r.l. et Cie, S.C.A. accepts the assignment so that discharging payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A. The payment deadline is 14 days from receipt of the goods.

VII. Purchase Price

The purchase prices mentioned on the respective item pages include statutory value-added tax.

VIII. Right of Revocation

The buyer has the statutory right of revocation as outlined in the following revocation instruction.

If the buyer is registered for eBay Plus, they can take advantage of the following additional service regardless of their statutory rights: For all items marked as “eBay Plus” items, eBay provides free Hermes return labels through the eBay return process. The buyer can initiate the return in “My eBay” within the revocation period

and print out a provided Hermes return label there. The conditions for the eBay return labels can be found under the following link: https://www.ebay.de/help/returningitem/default/ebay-plus-rckgaben-fr-kufer?id=4775.

IX. Transport Damage

As a consumer: If the buyer receives goods with obvious transport damage, they should report this to the deliverer as soon as possible and contact MINIPARTS24 immediately. The failure to contact has no consequences for the statutory claims and their enforcement, especially the warranty rights.

As a business: As soon as the purchased item has been handed over by MINIPARTS24 to the freight forwarder or the person otherwise designated to carry out the shipment, the risk of accidental loss and accidental deterioration of the goods passes to the buyer.

X. Warranty Rights for Defects

For all contracts concluded via eBay, unless otherwise agreed, the statutory warranty rights apply. The following limitations do not apply to claims based on damages caused by MINIPARTS24, its legal representatives, or vicarious agents

• in the event of injury to life, body, or health
• in the case of intentional or grossly negligent breach of duty as well as fraud
• in the event of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a warranty promise, if agreed, or
• as far as the scope of application of the Product Liability Act is opened.

Limitation against consumers
The warranty for defects in goods by MINIPARTS24 is limited to one year. This limitation does not apply to claims for damages from the warranty for defects based on gross negligence or intentional breach of duty by MINIPARTS as well as for injury to life, body, and health.

Limitation against businesses
For businesses, agreements about the quality of the goods only include MINIPARTS24’s own statements and the manufacturer’s product descriptions that were included in the contract. MINIPARTS24 assumes no liability for public statements by the manufacturer or other advertising statements. 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 made without any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Limitations against merchants
Among merchants, § 377 HGB applies. This means that the goods are deemed to be approved if the notice of defects regulated there is omitted, unless it is a defect that was not identifiable during the inspection. This does not apply if MINIPARTS24 has fraudulently concealed a defect.

XI. Liability

For claims based on damages caused by MINIPARTS24, its legal representatives, or vicarious agents, MINIPARTS24 is always liable without limitation

• in the event of injury to life, body, or health
• in the case of intentional or grossly negligent breach of duty
• in the case of warranty promises, as far as agreed, or
• as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, which only allows the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), through slight negligence by MINIPARTS24, its legal representatives, or vicarious agents, liability is limited to the amount of the foreseeable damage that typically must be expected to occur. Otherwise, claims for damages are excluded.

XII. Guarantees

Information about any applicable additional guarantees and their precise conditions can be found with the product.

XIII. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which the buyer can find here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. MINIPARTS24 is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

XIV. Youth Protection

If the buyer’s order includes goods subject to age restrictions, MINIPARTS24 ensures that the buyer has reached the required minimum age by using a reliable procedure involving a personal identity and age verification check. The deliverer will only hand over the goods after age verification and only to the buyer personally. Delivery to packing stations is not possible in this case.

XV. Notes on Battery Disposal

In connection with the distribution of batteries or with the delivery of equipment containing batteries, MINIPARTS24 is obliged to inform the buyer of the following: Batteries can be returned to MINIPARTS24 after use free of charge.

The buyer as the end user is legally obligated to return used batteries.

Disposal of batteries via household waste is legally prohibited.

The symbols on the batteries have the following meaning:

The symbol of the crossed-out wheeled bin means that the battery should not be disposed of with household waste.
Hg = battery contains more than 0.0005 mass percent mercury
Cd = battery contains more than 0.002 mass percent cadmium
Pb = battery contains more than 0.004 mass percent lead

XVI. Final Provisions

If the buyer is a business, German law applies excluding the UN Convention on Contracts for the International Sale of Goods. If the buyer is a merchant within the meaning of the Commercial Code, legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes from contractual relationships between MINIPARTS24 and the buyer is the business location of MINIPARTS24. Should any provision of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC. The same applies if it turns out that these GTC contain a gap. Instead of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or the presumable intention of the parties if they had considered the point.

Revocation Instruction

The buyer has the right to revoke this contract within one month without giving reasons. The revocation period begins after receiving this instruction in text form, but not before the goods have been received by the buyer and also not before fulfilling the information obligations of MINIPARTS according to Article 246 § 2 in connection with § 1 paragraphs 1 and 2 EGBGB as well as the obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. To exercise the right of revocation, the buyer must inform MINIPARTS by means of a clear declaration (e.g., a letter sent by post, fax, or email) of their decision to revoke this contract. The buyer may use the attached model revocation form, but it is not mandatory. To comply with the revocation period, it is sufficient for the buyer to send the communication regarding the exercise of the right of revocation before the end of the revocation period. The revocation should be addressed to:

Partners Ronald Weel & Freek Weel
Miniteile24 – Miniparts24 GbR
Euregio Straße 13
48465 Schüttorf
Germany