General Terms and Conditions of Business
§ 1 General
The offers on the websites www.furscouter.eu, www.pelzankauf.de, www.pelzankauf.at, www.pelzankauf.ch, www.pelzankauf.eu, www.pelzankauf.com, www.pelzankauf.nl, www.pelzankauf.co, www.pelzankauf.tv, www.pelzankauf.info, www.pelzankauf.biz, www.pelz-ankauf.eu, www.pelz-ankauf.com, www.pelz-ankauf.net, www.pelzankauf.org, www.fellankauf.de, www.fell-ankauf.de, www.fellankauf.eu, www.fell-ankauf.eu, www.furscouter.de, www.ankauf-pelz.de, www.ankauf-pelz.eu, www.pelze-ankauf.de, www.pelzankauf.mobi, www.pelzeinkauf.com, www.pelzeinkauf.de, www.pelzeinkauf.eu, www.pelzeinkauf.net, www.pelz-verkauf.de, www.pelz-einkauf.de, www.nerz-ankauf.de and www.verkauf-pelz.de (the “Homepage”) shall constitute offers from Mr. Ioannis Gerikoglou, Doernweg 23, D-65760 Eschborn, Germany (“Purchaser”).
§ 2 Scope of application
(1) Our offers and services at our seat in Eschborn, Germany shall be effected upon the basis of these General Terms and Conditions of Business exclusively.
(2) In the conduct of transactions with business enterprises, these Terms and Conditions of Business shall also apply to all future legal transactions, even if these are not expressly agreed upon again in the individual case. Contradicting or divergent terms and conditions of business shall not apply, even if they have not expressly been contradicted.
(3) ‘Customers’ within the meaning of these Terms and Conditions of Business shall be both consumers as well as business enterprises (both hereinafter “Customer(s)”).
‘Consumers’ shall be natural persons who enter into agreements for a purpose which cannot be ascribed either to their business or to their professional activity (§ 13 of the Bürgerliches Gesetzbuch (the Civil Code, the “BGB”).
‘Business enterprises’ shall constitute natural or legal persons or business partnerships which, upon entering into a legal transaction, are acting in the exercise their commercial or independent professional activity (§ 14 BGB).
§ 3 Entering into a contract, execution
(1) After a fee-based appraisal of your furs, we shall make an offer to purchase—to the extent that the fur(s) (the “Goods”) are of interest to us—which offer you shall be able to accept or refuse. The appraisal of the fur(s) shall not constitute any binding offer of sale.
In the event that a contract is entered into by your accepting our offer, said contract shall be entered into with:
Tel: +49 1805 23 46 29 (14 cents/min. from German landlines; max. 42 cents/min from mobile phones)
Fax: +49 69 79580970
VAT ID no.: DE 111910864
The order for the individually furnished appraisal of the Goods shall be effected on a fee basis for €10.00 per item sent in, and is to be paid via advance payment, SMS pay, telephone pay, credit card, or immediate wire transfer (Sofort Überweisung). The obligation to pay for the appraisal shall also arise even if no purchase offer arises on our side or if you refuse our purchase offer. The appraisal furnished for you individually shall be properly conducted by our specialists. However, we do not guarantee being able to realize on the open market any value we establish. The scope of the appraisal furnished for you individually shall encompass as a figure only the value established by us. In particular, no expert opinion shall be owed with the commissioning for an individual appraisal concerning the intrinsic value of the Goods.
(2) For the appraisal individually customized for you, you shall be able to have your Goods shipped to us by various means.
As a first option, you shall be able to ship the Goods to us by postal carrier. Please fill out and enclose with the Goods a printout of the fur cover letter provided on our Homepage. We shall confirm receipt of the Goods to you via electronic intake confirmation, which shall also request payment for the appraisal.
Furthermore, it shall be possible to use a pick-up service. By using this service, you will no longer have to go to the post office branch yourself. In order to use this service, please fill out the “Pick-up Service” form provided on our Homepage. Using the pick-up service shall cost you an additional €12.00. In this event, please ensure that the specifications listed on the form as to package weight and dimensions are not exceeded (max. package weight 31.5 kilos, max. package size: 12 x 60 x 60 cm). In the event of loss of or damage to the package, liability shall be up to the amount of €500.00. A greater total liability shall be able to be offered for a fee upon request and corresponding agreement. Whenever the pick-up service is used, the filled-out “pick-up service” form provided on our Homepage is also to be enclosed with the package.
You can also, however, personally return the Goods after setting an appointment at our store in Eschborn, Germany.
(3) When we take the Goods that are shipped or transferred in the retail store into receipt, you are submitting to us a binding offer for appraisal. In so doing, you are assuring us (i) that you have legal competence to conduct business and (ii) that you hold unrestricted title to the Goods being shipped/transferred. Furthermore, you are assuring that these Goods are not pledged and that no other rights of third parties exist therein. Furthermore, you are assuring that (a) the shipped Goods do not originate from any unlawful action, including, but not limited to, any punishable action and are not traceable back to such, and (b) with the sale nothing of the sort is intended.
(4) As soon as the Goods are in our possession, we shall appraise the Goods and then request that you retrieve the individual fee-based appraisal. The individual appraisal shall be effected as a prior performance by your order and without your payment. The request to retrieve the appraisal individually customized for you for a fee, shall as a rule be effected by e-mail within one (1) week of receipt of the Goods, but by no later than after fourteen (14) days. You shall then be able to view this on our online server and to work on it accordingly. During this entire period of time up to and including the request to retrieve the individual appraisal, you shall still have the opportunity to withdraw from the contract.
Our offer to you to withdraw from the contract shall expire only upon payment, notwithstanding any services already rendered. After payment has been made, we shall inform you of the result of the individual appraisal. Within the report of the result of our individually customized appraisement for you we shall (i) submit to you a binding purchase offer or (ii) decline the purchase.
Whenever we submit a binding purchase offer to you, the following options shall be available to you:
a) “Complete Sale”: should you wish to completely accept the purchase offer submitted by us for all of the Goods shipped by you, please (i) select the option “Complete Sale” on our online platform and (ii) promptly confirm such to us (by no later than within two (2) weeks). This form, naturally, is also to be used whenever you have shipped only one item of Goods for which we have submitted a corresponding purchase offer to you.
b) “Partial Sale”: should you wish to only partially accept the purchase offer submitted to you, i.e., for individual items of Goods, please (i) select the option “Partial Sale” on our online platform and (ii) promptly confirm such to us (by no later than within (2) weeks).
c) “Refusal”: should you decline the purchase offer submitted to you, please (i) select the option “Refusal” on our online platform and (ii) promptly confirm such to us (by no later than within two (2) weeks).
Please note: in the event that within two (2) weeks your reply with respect to the purchase offer submitted by us is not in our hands, our offer for the purchase shall be void. Then, a purchase agreement shall not come into existence, and the obligation to pay the appraisal costs shall continue in force.
Furthermore, we ask that you understand that after the lapse of thirty (30) days without any answer from you, we shall reserve the right to collect storage costs in the amount of €15.00 per month per fur sent.
Should you not accept our purchase offer, then you shall also be free to directly pick up at our store the Goods you have sent. For this purpose, we shall bill a lump-sum expense fee in the amount of €7.00.
(5) Should you wish to accept our purchase offer, it shall be effected through our Homepage, using the “Complete Sale” or “Partial Sale” options. In this event, please also fill out the respective forms indicating the manner in which you wish to receive the funds from the purchase price. After your acceptance declaration is received by us, the purchase contract shall have come into existence, and title to the Goods shall pass to us. The stipulated purchase price shall then be wire-transferred to the bank account specified by you or shall be sent to you via an account-only check (fee-based shipment by return receipt requested, see “Complete Sale” and “Partial Sale” forms) within one (1) week of receipt of your acceptance declaration.
If a fur item is labeled with ‘0’ (zero), then we shall refuse the purchase. However, by accepting this offer, you shall then have the opportunity to have the fur disposed of by us for you free of charge.
(6) Should you decline to accept our purchase offer, then we shall send your Goods back to you—at your expense—within two (2) weeks of our receipt of the “Refusal” form. The risk arising from accidental destruction or of accidental deterioration of the Goods shall hereby pass to you once we have transferred these to the shipping company. However, you shall also be welcome to pick up your Goods from us in the retail store. To do so, please make an appointment with us.
(7) We shall not purchase any damaged Goods, Goods having moth damage, or any such Goods bearing any protected-species notice. However, we will gladly dispose of such for you at no charge.
(8) The contractual language shall be German.
(1) We shall have unlimited liability (i) for any damages arising from injuries to life, limb, or health, which injuries are based upon any malicious or negligent breach of duty and (ii) for any other damages that are based upon any malicious or grossly negligent breach of duty and bad faith. Moreover, we shall have unlimited liability for any damages which are encompassed by liability under compulsory provisions of law as well as in the event of any assumption of guarantees.
(2) In the event of a breach of material contractual duties—that is, such duties the fulfilment of which (i) enables the proper execution of the contract possible in the first place and (ii) the compliance with which the contracting party may regularly rely—we shall also be liable for simple negligence, however, only up to the amount of damage typically foreseeable in contracts of this type. It shall not be possible to make any demands for any claims for lost profits or based on third-party compensatory damages claims as well as for indirect and consequential damages—unless one of the quality characteristics guaranteed by us is precisely aimed at insuring the customer against such damages.
(3) Any further liability shall be precluded.
5. Applicable law; place of performance, venue
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) To the extent that the customer is an entrepreneur, Eschborn, Germany, shall be the exclusive venue for any disputes arising out of the contractual relationship.
We at www.penzankauf.de take protecting your personal data very seriously and we strictly adhere to the provisions of the data protection laws. Personal data shall be collected on this website only to the extent technically necessary. In no event shall personal data be sold.
The following clarification shall provide you with an overview of (i) how we guarantee this protection and (ii) the types of data collected and the purpose thereof.
Information that you share with us:
We record and save all information that you enter on our website or convey to us in another manner (e.g., the fur cover letter). You shall be able to decide to decline providing us certain information—which decision, however can lead to considerable delays for your purchase offer. Your information is used to configure your online contracts, to expedite our sales negotiations, and to communicate with your more effectively.
Data processing on our website
Our Homepage collects and automatically saves in the server log files the information that your browser transmits to us. This information includes:
- browser type/version,
- operating system used,
- referring URL (the previously visited website),
- host name of the accessing computer (IP address), and
- time of the server inquiry.
For us, these data shall not be assignable to any particular persons. No amalgamation of these data with other data sources shall be carried out—and in addition, after statistical analysis the data are deleted. In the event that a transaction is entered into, your IP address shall be saved.
Our Homepage uses so-called cookies at several places. These cookies serve to make our offer more user-friendly, more effective, and more secure. Cookies are small text data files which are deposited on your computer and which your browser saves. Most of the cookies used by us are so-called “session cookies.” After the conclusion of your visit, these are automatically deleted. Cookies do not cause any damage to your computer and do not contain any viruses.
Right to information
At any time you shall have the right to obtain information about the data saved with regard to your person, the origin and the recipients of said data, as well as the purpose of the data processing.
Your trust is important to us. Therefore, we wish to be available to you at any time for any questions and answers concerning the processing of your personal data. If you have questions which this data protection declaration could not answer, or if you desire more detailed information concerning a particular point, please feel free to write to us anytime at firstname.lastname@example.org.
Will the data collected by us be shared?
Service provider: We retain other companies and individual persons to carry out assignments for us. Examples are, inter alia, picking up packages, sending letters or e-mails, the analysis of our databases, and processing payments (credits). These service providers have access to personal information which becomes necessary to carry out their tasks. However, the service providers are not permitted to use these data for any other purpose. Moreover, they are obligated to treat the information in accordance with this data protection declaration and in accordance with the pertinent data protection laws.
In order to protect the security of your information upon transfer, we use secure sockets layer software (SSL). This software encrypts the information that is transmitted by you.
It is important for you to protect yourself against unauthorized access to your password and to your computer. If you share your computer with others, you should be certain to log out after each session.
Our Homepage uses Google Analytics
This website uses Google Analytics, a web analysis service of Google, Inc. (“Google”). Google Analytics uses so-called “cookies,” text data files which are saved onto your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the United States of America and saved there. Google shall use this information (i) to evaluate your use of the website, (ii) to compile reports about the website activities for the website operators, and further (iii) to render services connected with the website use and internet use. Google shall also transfer this information to third parties, as the case may be, to the extent that such is prescribed by law or to the extent that third parties process these data on behalf of Google. In no case shall Google connect your IP address with other data belonging to Google. You can prevent the installation of cookies by means of an appropriate setting in your browser software; however, we advise you that in this event, it is possible you will not be able to use all of the functions of this website to their fullest extent. By using this website, you declare that you are in agreement with the processing by Google of the data collected about you in the above described manner and for the purposes previously set forth.
To the extent that Google Adsense—a web advertising service of Google in the United States of America—places advertising (advertising text displays, banners, etc.) on this website, your browser may save a cookie sent by Google or a third party. The information saved in the cookie can be registered, collected, and evaluated by Google or also by third parties. Moreover, Google Adsense also uses so-called “web beacons” (small invisible graphics) to collect information, by the use of which simple activities such as visitor traffic on the website can be registered, collected, and evaluated. The information about your use of this website generated by the cookie and/or web beacon are transferred to a Google server in the United States of America and saved there. Google uses the information obtained in this way to carry out an evaluation of your user behavior with a view to the AdSense advertising text displays. As may be necessary, Google shall also transfer this information to third parties, to the extent that such is prescribed by law or to the extent that third parties are processing these data on behalf of Google. Your IP address is not brought into contact by Google with other data saved by Google. You can prevent (i) cookies from being saved on your hard drive and (ii) the display of web beacons. To do so you have to select “disable cookies” (using Internet Explorer, under “Tools/Internet Options/Privacy/Settings,” and using Firefox, under “Options/Settings/Privacy/Cookies”).