These terms and conditions are legally binding for all business relationships and other legal transactions between us and our customers. Deviating agreements or additions, telephone and verbal agreements and its own conditions of the customer shall only apply if confirmed in writing in text form (for example, e-mail).
We run a mediation service for exchange partners who want to trade items through the internet. Both exchange partners send us the respective trade item by mail, and we will send these then over to any other exchange partners. The exchanger (in the following also « customer») agree that we retain an exchange subject sent to us until the subject of the other exchange partner also has arrived with us. As agents, we are not involved in the respective exchange transaction between the exchange partners.
The agency fee applies when placing the order and must be paid in advance. We are entitled to send the trade items only after payment. The customer acknowledges that we have right of retention to items sent to us until our agency fee is paid in full.
Our examination is limited to completeness and obvious damage of exchange items, as well as their identity; but excluded is a detailed expert examination, for example, whether it is an original of a painting, or whether an electronic object is fully functional.
It is prohibited to send illegal goods and articles, for example narcotics, drugs, child pornography and other illegal content. We point out that in case of infringement we reserve the right to report appropriate messages to the competent authorities. The customer hereby undertakes to pay us for an appropriate expense allowance of € 50 per case. The evidence of lower expenses remains free to the buyer.
We only act as a mediator and are neither liable for the correctness of the data of the exchange partners, nor for the content of the exchange offers or for the quality of the exchanged items.
By ordering the customer confirms that he is at least 18 years old and, particularly in case of exchange items that are not approved for minors, ensures appropriately that his exchange partner is of age - possibly by inspection of a copy of identity card. We are not liable for a business that is ineffective due to immaturity of a trading partner, nor that trade items that fall under the protection of minors, for example, movies or computer games that are only allowed to be seen/used with at least 18 years, will not be given to underage exchanger. In case that one of the exchangers is minor, the other exchange partner releases us from all claims and legal consequences due to this minority
The customer shall send the trade item to us at own risk. He notes that continue to send packets only via DHL, except for particularly valuable items that are send by special transport. The customer makes independently the choice with which sum a packet is to be assured; we are not liable for the choice of an insufficiently high sum insured.
In case that trade items arrive damaged with us, we will report it immediately to the appropriate exchanger and document the damage with a picture to facilitate icing a notification of claim with the shipping insurance. More documentation requirements do not exist for us. For the notification of claim and settlement of an insured event the customer is responsible.
We are liable in the use of trade items only for intent and gross negligence; liable for ordinary negligence is excluded. We are liable according to legal regulations, if our client makes a claim for damages based on malice, intent or gross negligence by us. As far as we are not accused of fraudulent, intentional or grossly negligent breach of contrast, our liability is limited to foreseeable, typically occurring damage. Moreover, the liability for damages is excluded; as far as we are especially not liable for damage not caused to the delivery item, unless it involves an injury to life, limb or health as well as to claims under the Product Liability Act. For used goods the limitation period is one year.
In the case of loss of a shipment we provide the shipment tracking offered by DHL for the customer. Then, however, the customer has no claim. Note: In other EU countries DHL offers only a limited, less detailed shipment tracking.
For the reshipping of the packages we use our own packing material. The costs are borne by the customer, from which the respective trade item comes.
The possibility of returning has to be agreed individually between the exchange partners.
This may, after consultation with us, again be handled by us.
All prices are gross same net as we are small businessman and don’t add any tax to the customer invoice (§19 UStG).
The customer, if he is a consumer, has a right of withdrawal regarding our commission to mediate in an exchange. The revocation can be found here.
