General Terms and Conditions
Terms and Conditions for the acquisition of used projectors (Version February 2013)
- These General Terms and Conditions are valid for all sales of used projectors to ReBeam GmbH („NEC ReTrade“) via this website. You will find more information on ReBeam under "Imprint" on www.nec-retrade.com
- All transactions are subject to these terms and conditions. Differing agreements are only valid if confirmed by NEC ReTrade in writing.
- If you are a seller and have questions about these terms and conditions, please contact NEC ReTrade via Email: firstname.lastname@example.org.
- NEC ReTrade buys the devices represented on the web site from private persons as well as from companies („seller“).
- By selecting a projector make and model on the website and fully and correctly describing the condition of said device using the dropdown menu provided by NEC ReTrade, the seller offers to sell the device to NEC ReTrade 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.nec-retrade.com. Minors are not allowed to register for the services of NEC ReTrade.
- The seller is obliged to immediately send in the device that is being sold. In any case it must arrive at Cashback within 14 after the offer is made.
- NEC ReTrade will confirm to the seller via Email that the device has been received and checked. This is not yet an acceptance of the offer.
- NEC ReTrade 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, NEC ReTrade will not accept the offer. The same applies if the device does not arrive at NEC ReTrade within 14 days after the offer was made. NEC ReTrade reserves the right to make an 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. NEC ReTrade 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, NEC ReTrade will send the device back to the seller. This is free of charge for the seller.
- If the seller is a private person, all prices will include the applicable VAT.
- The device must arrive at NEC ReTrade within 14 days after the offer is made. The device must actually arrive at NEC ReTrade 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 NEC ReTrade is used.
- Devices can also be sent in using other shipping companies. In this case, the cost will be covered by the seller.
- 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 NEC ReTrade 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 NEC ReTrade.
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. NEC ReTrade provides a dropdown menu in which a selection must be made by the seller during the online selling process. NEC ReTrade wants to point out that the information given by the seller is of essential importance for the price calculation.
- The terminology used by NEC ReTrade is based on general linguistic usance, for clarification most terms are explained on the website under FAQ.
5. Terms of Payment
- If the offer is accepted the price will be paid within 7 days after receipt of the device. Processing times of banks and postal services are not included in this time span and are not the responsibility of NEC ReTrade.
- Payments will exclusively be made via Bank Transfers to accounts within the European Union, via PayPal or Check. 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. NEC ReTrade will not take any responsibility for delays resulting from erroneous payment data.
- By making an offer to NEC ReTrade the seller confirms to be the rightful owner of the device to be sold or that he is entitled to transfer ownership to NEC ReTrade 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 NEC ReTrade 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 NEC ReTrade or - if the offer is made by NEC ReTrade - at the moment the offer is accepted by the seller.
- All claims of the seller for damages are excluded. This does not apply to claims of the seller because of damage to life, body, 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 NEC ReTrade or persons acting on behalf of NEC ReTrade. Fundamental contractual duties are those which render possible the fulfillment of the purchase agreement.
- In the case of infringement of fundamental contractual duties the liability of NEC ReTrade 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 favor of persons acting on behalf of NEC ReTrade if claims are made directly against them.
8. Use of seller´s personal data abd data protection
- NEC ReTrade 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.
- NEC ReTrade will use your personal data only for the purpose of the technical administration of the websites and for fulfilling your wishes and requests.
- NEC ReTrade 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 NEC ReTrade 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 excercise these rights, especially to receive information, please direct your inquiry in writing, stating your identity, to: NEC ReTrade, C/O ReBeam GmbH, Skalitzer Str. 100, 10997 Berlin, Germany.
- The website www.nec-retrade.com and other sites (sub pages, partner services) of NEC ReTrade 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 analyze your use of our website.
The information generated by this cookie about your use of the NEC ReTrade website (including your IP address) will be transferred to the analysis service and stored there. The web analysis service will use this information to analyze 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 this data is processed by third parties on behalf of the analysis service. The users of NEC ReTrade can prevent the installation of the cookies by using the relevant functions of your browser software. NEC ReTrade 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 NEC ReTrade. 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. Final provisions
- The contract between NEC ReTrade 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 NEC ReTrade 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 an agreement about this is permitted by law.