PowderMonkeys, c/o Launhardt GmbH
Industriestr.
13
D-53909 Zülpich
email: info@powdermonkeys.de
PowderMonkeys, c/o Launhardt GmbH (hereinafter: “Seller”) trades for commercial purposes on the internet platform “eBay” and offers its customers products for sale via the internet on these websites.
The goods offered come from insolvencies, bankruptcies, warehouse liquidations and remaining stock.
The contracts concluded in this respect are subject to these GTC.
§ 1 General provisions and scope of application
§ 2 Conclusion of contract
§ 3 Cancellation policy
§ 4 Remuneration, delivery and shipping conditions
§ 5 Terms of payment
§ 6 Retention of title
§ 7 Warranty
§ 8 Liability
§ 9 Final provisions
§ 1 General provisions and scope of application
1. the GTC apply to the entire business relationship between PowderMonkeys, c/o Launhardt GmbH and the buyer.
They shall also apply to all future business relationships, even if they are not expressly agreed again.
The version valid at the time of conclusion of the contract shall apply.
2 Customers within the meaning of these GTC are both consumers and entrepreneurs.
A consumer within the meaning of the GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur within the meaning of the GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.
§ 2 Conclusion of contract
1. offers are subject to technical changes and other changes, such as changes in shape, color and/or weight, which are reserved within reasonable limits.
The documents belonging to the offer such as illustrations, drawings, explanations, descriptions, weights and dimensions are only approximate values unless they are expressly declared to be binding.
2. if an item is placed as part of a so-called online auction, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase contract.
This is addressed to the customer who places the highest bid during the term of the online auction and fulfills any additional conditions specified in the offer.
The offer can be accepted during the individually determined term of the online auction.
The customer accepts the offer by submitting a bid.
The bid expires if a third party places a higher bid during the term of the online auction.
The official eBay time is decisive for measuring the duration of the online auction.
At the end of the respective term of an online auction or in the event of its premature termination, the contract is concluded with the customer who has placed the highest bid up to that point.
3. if an item is placed as part of a so-called online auction and is also provided with the “buy it now” function, the contract with the customer is already concluded at the fixed price specified in the option if the customer exercises this option, irrespective of the expiry of the term and without conducting an online auction.
The option to conclude a contract at a fixed price can be exercised as long as no bid has been placed on the item.
4. if an item is listed exclusively under the fixed price format, the activation of the offer page on eBay constitutes a binding offer to conclude a purchase contract at the specified price.
The contract with the customer is then concluded as soon as the customer fulfills any conditions contained in the offer, clicks on the “Buy Now” button and confirms the process with his eBay password.
5. the conclusion of a purchase contract is subject to the reservation that in the event of incorrect or improper self-delivery by suppliers, the seller shall not perform or only partially perform.
This shall only apply in the event that the seller is not responsible for the non-delivery – in particular if a congruent hedging transaction has been concluded with suppliers.
In the event of non-availability or only partial availability of the service, the customer shall be informed immediately; the consideration shall be refunded to the customer without delay.
§ 3 Cancellation policy
If the customer is a consumer, he is entitled to the following statutory right of withdrawal:
1. right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise the right to cancel, you must inform us (PowderMonkeys, c/o Launhardt GmbH, Industriestr. 13, D-53909 Zülpich, email: info@powdermonkeys.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
2. consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than thirty days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
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 or hand over the goods to us immediately and in any case no later than thirty days from the day on which you inform us of the revocation of this contract.
The deadline is met if you send the goods before the thirty-day period has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the withdrawal policy.
3. sample revocation form
(If you wish to withdraw from the contract, please complete this form and return it to us).
– To (PowderMonkeys, c/o Launhardt GmbH, Industriestr. 13, D-53909 Zülpich, email: info@powdermonkeys.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 for notification on paper)
– Date
_______________
(*) Delete as appropriate
§ 4 Remuneration, delivery and shipping conditions
1. the prices quoted are gross prices without exception, i.e. they include all price components including all taxes, in particular the statutory value added tax.
The latter can be shown separately at the customer’s request, provided the goods are not subject to differential taxation as an “opportunity” in accordance with § 25 a para.
2 UStG or unless separate disclosure is excluded for other reasons – e.g. in the case of commission transactions.
For customers outside the EU, gross applies to net.
2 Unless otherwise expressly agreed, all prices are exclusive of packaging, freight, postage and insurance.
Additional delivery and shipping costs are therefore incurred when goods are shipped both domestically and abroad.
Their amount depends on the information provided in connection with the specific offer; they are to be paid by the customer in addition to the purchase price.
If the customer expressly requests (transport) insurance or if such insurance is mandatory under the terms of the contract, the seller shall be entitled to charge the customer separately for the additional costs incurred as a result.
3. unless expressly agreed with the customer, the method of shipment shall be at the discretion of the seller.
4. insofar as this does not result in any significant disadvantages for the customer, the seller is entitled to partial performance.
5. in the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the entrepreneur upon delivery of the goods to the entrepreneur or a person authorized to receive them, in the case of sale by dispatch – even in the case of carriage paid delivery – upon delivery of the goods to a suitable transport person.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods to the consumer, even in the case of sale by delivery to a place other than the place of performance.
If the customer is in default of acceptance, this shall be deemed equivalent to handover.
6. if dispatch is delayed at the request or through the fault of the customer, the seller shall store the goods at the expense and risk of the customer; further rights remain unaffected.
7. for shipments to countries outside the EU, the customer is responsible for proper import customs clearance at his own expense.
8. delivery shall be made to consumers at the latest within 14 days after the payment order has been issued to the remitting bank or to Paypal (in the case of advance payment or Paypal), or after conclusion of the contract (in the case of cash on delivery or purchase on account).
§ 5 Terms of payment
1. the customer can generally pay in advance or by invoice; however, the seller reserves the right to exclude individual payment methods.
The details on the offer page are decisive.
2. the customer undertakes to pay all invoice amounts without deduction no later than 14 days after the invoice date; the date of receipt of the amount shall be decisive.
If this period expires without payment, the customer shall be in default of payment.
During the period of default, the consumer shall pay interest on the debt at a rate of 5 percentage points above the prime rate.
During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8 percentage points above the prime rate; however, the seller reserves the right to prove and claim higher default interest damages.
3. the customer shall only have a right of set-off if his counterclaims have been established in good time or have been recognized by the seller.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Retention of title
1. in the case of consumers, the seller retains title to the goods sold (goods subject to retention of title) until the purchase price has been paid in full.
In the case of entrepreneurs, it shall retain title to the reserved goods until all claims arising from an ongoing business relationship have been settled in full.
2. the customer is obliged to treat the goods with care during the retention of title.
3. during the retention of title, the customer is obliged to inform the seller immediately of any access by third parties to the goods (e.g. in the event of seizure) as well as any damage to or destruction of the goods and to provide all information and documents necessary to safeguard the seller’s rights.
Enforcement officers or third parties must be informed of the Seller’s ownership.
The customer must immediately notify any change of ownership of the goods subject to retention of title as well as any change of residence.
4. in the event of breach of contract by the customer, the seller shall be entitled, in particular in the event of default in payment or in the event of breach of an obligation under para.
2 and 3 of this provision and to demand the return of the reserved goods.
5. the customer is entitled to resell and assign the reserved goods in the ordinary course of business or to use them within the framework of a contract for work and services.
Other dispositions, in particular pledging or transfer by way of security, are not permitted to the customer.
However, the customer hereby assigns to the seller all claims to which he is entitled against third parties arising from the resale of the reserved goods or on any other legal grounds; the assignment is hereby accepted.
The customer is authorized to collect these claims even after their assignment.
The seller’s authority to collect the claims himself remains unaffected by this; however, the seller undertakes not to collect the claims as long as the customer duly fulfills his payment obligations and is not in default of payment.
If this is the case, the seller may demand that the customer discloses the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and informs the third-party debtors of the assignment.
The costs arising from the assertion of the rights of the reserved property shall be borne by the customer.
6. any processing or transformation of the reserved goods by the customer shall always be carried out for the seller.
If the reserved goods are processed with items not belonging to the seller, the seller shall acquire ownership of the new item in the ratio of the value of the reserved goods to the other processed item(s).
The same applies if the reserved goods are mixed with other items not belonging to the seller.
If the customer’s item is to be regarded as the main item as a result of the mixing, the customer and the seller agree that the customer shall transfer proportionate co-ownership of this item to the seller; the seller hereby accepts this transfer.
The sole or co-ownership created as a result of the processing, transformation or mixing shall be held by the customer for the seller.
7. the seller undertakes to release the securities to which it is entitled insofar as the realizable value of its securities exceeds the claims to be secured by more than 10%.
The selection of the securities to be released is incumbent on the seller.
§ 7 Warranty/ guarantee conditions
1. used items may show signs of use; these do not generally constitute a defect.
In addition, the warranty is excluded vis-à-vis entrepreneurs for the sale of used items, even to the extent that the defect arose after the conclusion of the contract and before the transfer of risk.
However, the exclusion of warranty does not apply if the seller has unlimited liability in accordance with § 8 of these GTC.
2. in the event of defects in the delivered item, consumers have the choice of reducing the remuneration (reduction), rescinding the contract (withdrawal) or claiming damages instead of performance or reimbursement of futile expenses in accordance with the statutory provisions.
The consumer is not entitled to demand subsequent performance by rectification of the defect or delivery of a defect-free item.
3. entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods using the contact details listed at the beginning; otherwise the assertion of the warranty claim is excluded.
Timely dispatch of the notification of defects shall suffice to meet the deadline.
There is no obligation for consumers to notify defects.
The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
4 If the customer is an entrepreneur, the following applies: In the event of transport damage, the customer undertakes to notify the seller immediately and to support the seller to the best of his ability in asserting claims against the respective transport company or the transport insurance company.
In particular, the customer must keep the packaging until further notice.
5. the warranty period for used goods is one year from delivery, unless the warranty is completely excluded.
In all other cases, the warranty period for consumers is two years and for entrepreneurs one year from delivery of the goods.
However, the one-year warranty period shall not apply if the seller has unlimited liability in accordance with § 8 of these GTC.
6. the mere presentation of the goods is to be regarded as a mere description of performance and in no way as a guarantee of the quality of the goods.
§ 8 Liability
1. in accordance with the statutory provisions, the seller shall be liable without limitation for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by it, its legal representative or its vicarious agents as well as for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent intent by it, its legal representative or vicarious agents.
In addition, the Seller shall be liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act.
2. the seller shall be liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations); however, liability shall be limited to the foreseeable, contract-typical, direct average damage.
3. in the event of slightly negligent breaches of insignificant contractual obligations, the seller shall not be liable to companies.
Liability towards consumers in such cases shall be limited to the foreseeable, direct average damage typical of the contract.
4. any further liability is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims.
5. in the event that the seller is unable to provide the service owed due to force majeure (in particular war, natural disasters), the seller shall be released from the obligation to perform for the duration of the hindrance.
If the seller is unable to fulfill the order or deliver the goods for longer than one month due to force majeure, the customer is entitled to withdraw from the contract.
In this case, the customer shall have no further rights.
6. to the extent that liability is excluded or limited above, this shall also apply to the personal liability of employees, workers, staff and vicarious agents.
§ 9 Final provisions
1. the seller shall comply with all data protection requirements, in particular the provisions of the Teleservices Data Protection Act.
2 In all other respects, the statutory provisions shall apply.
3. the law of the Federal Republic of Germany shall apply.
In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
4. place of performance is the registered office of the seller.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
6. should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
7 Alternative dispute resolution: The EU Commission offers the possibility of online dispute resolution on an online platform operated by it.
This platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.
We are not obliged and unwilling to participate in dispute resolution proceedings before a consumer arbitration board.
The same applies to other sellers, unless otherwise stated in the legal notice on the seller details page of the respective seller.