Terms and Conditions for the acquisition of used projectors (Version January 2015)
- These General Terms and Conditions are valid for all sales of used projectors to ReBeam GmbH („Sellmyprojector.com “) via this website. You will find more information on ReBeam GmbH under "Imprint" on http://www.rebeam.de/imprint-data-protection.php.
- All transactions are subject to these Terms and Conditions. Differing agreements are only valid if confirmed by Sellmyprojector.com in writing.
- If you are a seller and have questions about these Terms and Conditions, please contact Sellmyprojector.com via email: firstname.lastname@example.org.
- Sellmyprojector.com buys the devices represented on the website from private persons as well as from companies („seller“).
- By selecting a projector brand and model on the website and fully and correctly describing the condition of said device using the dropdown menu provided by Sellmyprojector.com, the seller offers to sell the device to Sellmyprojector.com at the price indicated on the website.
- The seller’s offer is binding.
- Only natural and legal persons with full contractual capacity are allowed to register at www.sellmyprojector.com. Minors are not allowed to register for the services of Sellmyprojector.com.
- The seller is obliged to immediately send in the device that is being sold. In any case it must arrive at Sellmyprojector.com within 14 days after the offer is made.
- Sellmyprojector.com will confirm to the seller via Email that the device has been received and checked. This is not yet an acceptance of the offer.
- Sellmyprojector.com can accept the offer within 7 days after receiving the device. The acceptance will be declared with an email confirming the contract that will be sent to the email address the seller has indicated during the process.
- If the actual condition of the device differs from the description made by the seller, Sellmyprojector.com will not accept the offer. The same applies if the device does not arrive at Sellmyprojector.com within 14 days after the offer was made. Sellmyprojector.com reserves the right to make a new offer to the seller based on the current information on the website.
- The seller can expressly accept or refuse this offer. If the seller does not expressly refuse this offer within 5 working days the offer will be considered as accepted according to the new conditions. Sellmyprojector.com will clearly point out to the seller that no response to the email will be considered as an acceptance of the offer. If the Seller does refuse the offer, Sellmyprojector.com will send the device back to the seller.
- The device must arrive at Sellmyprojector.com within 14 days after the offer is made. The device must actually arrive at Sellmyprojector.com within these 14 days.
- The shipping of the device is free of charge for the seller if the UPS Shipping Label provided via email by Sellmyprojector.com is used.
- Devices can also be sent in using other shipping companies. In this case, the seller will cover the cost.
- Please do not send any packages without postage. We will refuse the acceptance of the parcel if postage is not paid. All resulting costs will be charged to the sender.
- The device must be sent in using appropriate packaging. Information on this will be included in the email Sellmyprojector.com will send you to confirm the sale.
- The seller will carry the risk of loss or damage during transport until the parcel is handed over by the shipping company to Sellmyprojector.com.
4. Condition of the devices
- The description given by the seller during the offer process on the website forms part of the contract.
- The seller is obliged to correctly indicate the condition of the devices. Sellmyprojector.com provides a menu in which the seller must make a selection during the online selling process. Sellmyprojector.com wants to point out that the information given by the seller is of essential importance for the price calculation.
5. Terms of Payment
- If the offer is accepted the price will be paid within 3 days after the device has been tested. Processing times of banks and postal services are not included in this time span and are not the responsibility of Sellmyprojector.com.
- Payments will exclusively be made via Bank Transfers to accounts within the European Union, via PayPal or Cheque. Other payment methods, especially cash payments, are not possible.
- It is the seller’s responsibility to make sure that the payment data given by him is correct. Sellmyprojector.com will not take any responsibility for delays resulting from erroneous payment data.
- By making an offer to Sellmyprojector.com the seller confirms to be the rightful owner of the device to be sold or that he is entitled to transfer ownership to Sellmyprojector.com or that the sale and transfer of ownership take place with the knowledge and consent of the owner.
- The seller confirms that there are no third-party rights that are opposed to the sale or transfer of property.
- The seller will indemnify Sellmyprojector.com against all claims of third parties with respect to rights they might have regarding the device.
- The property is transferred at the moment the offer is accepted by Sellmyprojector.com or - if the offer is made by Sellmyprojector.com - at the moment the seller accepts the offer.
- All claims of the seller for damages are excluded. This does not apply to claims of the seller because of damage to life, body, and health or from an infringement of fundamental contractual obligations (cardinal obligations) as well as the liability for other damages caused by intentional or grossly negligent breach of duty of Sellmyprojector.com or persons acting on behalf of Sellmyprojector.com. Fundamental contractual duties are those, which render possible the fulfilment of the purchase agreement.
- In the case of infringement of fundamental contractual duties the liability of Sellmyprojector.com for damages shall be limited to the foreseeable damage, which is typical of the contract, if caused by slight negligence. This does not apply to claims of the seller because of damage to life, body or health.
- The limitations of paragraphs 1 and 2 apply also in favour of persons acting on behalf of Sellmyprojector.com if claims are made directly against them.
8. Use of seller’s personal data and data protection
- Sellmyprojector.com will collect, process and use personal data of the sellers, especially first name, last name, address, city, PayPal- or bank account information, phone number and email address. This data will, in accordance with the German Federal Data Protection Law and the Tele Media Law only be used for processing the acquisitions and in the cases stated below.
- Sellmyprojector.com will use your personal data only for the purpose of the technical administration of the websites and for fulfilling your wishes and requests.
- Sellmyprojector.com will not transfer any data to third parties, except if the seller has given his agreement to do so. The data will only be disclosed to public authorities if there is a legal obligation to do so. The employees of Sellmyprojector.com have an obligation to treat your data as confidential.
- The seller has, among other things, a right to receive information about what data is stored about him free of charge as well as a right to have this data corrected, deleted or the access to this data blocked. In order to exercise these rights, especially to receive information, please direct your inquiry in writing, stating your identity, to: Sellmyprojector.com, C/O ReBeam GmbH, Skalitzer Str. 100, 10997 Berlin, Germany.
- The website www.sellmyprojector.com and other sites (sub pages, partner services) of Sellmyprojector.com are employing a web analysis service. This service uses “Cookies" i.e. small pieces of information stored by your browser on your computer's hard drive that allow to analyse your use of our website.
- The information generated by this cookie about your use of the Sellmyprojector.com website (including your IP address) will be transferred to the analysis service and stored there. The web analysis service will use this information to analyses your use of the website in order to create reports about the website activities for the website owners and in order to provide other services connected to the use of the website or the Internet. This information might be transferred to third parties if this is legally required or if third parties on behalf of the analysis service process this data. The users of Sellmyprojector.com can prevent the installation of the cookies by using the relevant functions of your browser software. Sellmyprojector.com points out that in this case you might not be able to use all functions of our website.
9. Confirmation of data protection statement
The seller hereby expressly confirms his agreement to the storing, processing, use and transfer of his personal data to the extent indicated above (paragraph 8) by Sellmyprojector.com. This agreement can be revoked at any time with effect from that time on. If you have any questions about the collecting, processing and use of your data or want to access, correct, block access to or delete data, please contact our data protection officer:
C/O ReBeam GmbH
Skalitzer Str. 100
10. Online dispute settlement
The European Commission provides a platform for online dispute settlement (OS), which can be found here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for the settlement of their disputes.
11. Final provisions
- The contract between Sellmyprojector.com and the seller is subject to German law. The UN purchase law is excluded.
- If the seller is a businessman, a legal person of public law or a separate fund under public law, then the sole place of jurisdiction for all types of proceedings resulting directly or indirectly from this contract is the one resulting from the place of business of Sellmyprojector.com at the time of conclusion of the contract. The same applies if a seller has no general place of jurisdiction in the Federal Republic of Germany, or if a seller after conclusion of contract changes his domicile or place of habitual residence to outside the Federal Republic of Germany, or whose domicile or habitual place of residence is not known at the time the action is filed.
For all mutual claims, the place of jurisdiction and performance is Berlin insofar as law permits an agreement about this.