General Terms and Conditions and Privacy Policy (as of 24.11.2020) of CNCMATIC
(1) Our offers are directed equally to entrepreneurs and consumers, but only to end buyers.
(2) All offers, sales contracts, services and deliveries based on orders placed by our customers via our Ebay offers shall be subject to these General Terms and Conditions of Business.
For purposes of these Terms and Conditions,
(a) an "Entrepreneur" is a legal or natural person or a partnership with legal capacity, who, when entering into the contract, acts in the exercise of his independent or commercial professional activity (§ 14 para. 1 BGB) and
(b) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his independent nor to his commercial professional activity (§ 13 of the German Civil Code - BGB).
(3) Our customer's terms and conditions shall not apply, even if we do not separately object to their applicability in individual cases.
(1) The conclusion of the contract on eBay is governed by §§ 10, 11 of the General Terms and Conditions of eBay for the use of the German-language eBay websites. These General Terms and Conditions can be viewed at http://pages.ebay.de/help/policies/user-agreement.html.
(2) The customer can check his entries before placing his order and correct them with the help of the technical means provided by eBay.
(3) The order processing and contacting takes place via e-mail and automatic order processing. The customer has to make sure that the e-mail address provided by him is correct.
(4) Our offer page is stored by eBay and can be viewed by the customer via his member account for up to 60 days after the date of purchase.
(1) The customer has no right of set-off or retention, unless the counterclaim is undisputed or legally binding.
(2) Our prices include the statutory value added tax, but do not include shipping costs. Customs duties and similar charges shall be borne by the customer.
(1) We are entitled to make partial deliveries of separately usable products included in an order, insofar as this is reasonable for you.
(2) The dispatch of the goods usually takes place within 1-2 working days after receipt of payment.
(1) If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transport company.
(2) Unless expressly agreed otherwise, we shall determine the mode of shipment and the transport company at our reasonable discretion.
(1) We retain title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) If the customer is an entrepreneur, he may resell the goods in the ordinary course of business. In the event of any resale, the customer hereby assigns to us the claims arising from the resale up to the amount of the purchase price payable to us plus a surcharge of 25%. We hereby authorize the customer to collect the claims thus assigned in the ordinary course of business, whereby we may revoke this authorization at any time in the event of default in payment on the part of the customer. We shall release the securities to which we are entitled insofar as their value exceeds the amount of the secured claims by more than 15%. The selection of the securities to be released shall be at our discretion.
(1) In the event that subsequent performance pursuant to Section 7 (2) is unreasonable for the customer or if we refuse or fail to provide subsequent performance, the customer shall be entitled, in each case in accordance with the applicable law, to withdraw from the purchase contract, to demand damages or reimbursement of its futile expenses or to reduce the purchase price. The special provisions of Section 9 of these General Terms and Conditions shall also apply to the customer's claims for damages.
(2) If the delivered goods have a material defect, the customer may first demand that we deliver defect-free goods or remedy the defect; if the customer is an entrepreneur, we may choose between remedy of the defect or delivery of a defect-free item. The choice can only be made by notifying the customer in text form (by e-mail or registered mail) within three working days after notification of the defect. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.
(3) The foolowing applies only to enterpreneurs: The customer shall inspect the goods immediately after they have been sent. The delivered goods shall be deemed to have been approved and accepted by the customer if a defect is not reported to us (a) in the case of obvious defects within three working days after delivery or otherwise (b) within three working days after discovery of the defect.
(4) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
If the goods are used goods, the warranty period for consumers shall be 12 months, beginning with delivery.
For entrepreneurs, the warranty for used goods is excluded.
(1) We shall not be liable (for whatever legal reason) for damages that are not typically to be expected depending on the type of order and the goods and under normal use of the goods. Our liability is also excluded for damages resulting from loss of data if the recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability shall not apply in the event of gross negligence or intent.
(2) Our liability for negligence (with the exception of gross negligence) shall be limited to an amount of 5% of the respective purchase price (including value added tax) in the event of a delay in delivery.
(3) The limitations of this clause 8 shall not apply to our liability for guaranteed quality features within the meaning of § 444 BGB. § 444 BGB (German Civil Code), for injury to life, health or body or under the Product Liability Act.
(1) If the Customer is a merchant within the meaning of. § (1) If the customer is a merchant as defined in Section 1 (1) of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, Frankfurt shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
(2) The purchase contract existing between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions.