General Terms & Conditions and Customer Information
Table of Contents
- 1. Scope
- 2. Formation of contract
- 3. Right to cancel
- 4. Prices and payment terms
- 5. Delivery and shipping terms
- 6. Retention of title
- 7. Liability for defects
- 8. Liability
- 9. Applicable law
1.1 These General Terms & Conditions (hereinafter referred to as “T&Cs”) of Jaxmotech GmbH (hereinafter referred to as the “Seller”) shall apply to all contracts entered into by a consumer or business entity (hereinafter referred to as the “Customer”) with the Seller regarding the goods and/or services displayed by the Seller on its online shop. The Seller hereby objects to incorporation of the Customer’s own terms and conditions, except where otherwise agreed.
1.2 A consumer within the meaning of these T&Cs is any natural person who, when entering into any legal transaction, does not do so primarily in the exercise of his or her trade, business or profession. A business entity within the meaning of these T&Cs is any natural or legal person or partnership with legal personality who or which, when entering into a legal transaction, does so in the exercise its trade, business or profession.
2) Formation of contract
2.1 The product descriptions in the Seller’s online shop do not constitute a binding offer on behalf of the Seller; they are merely an invitation to treat for the Customer to make a binding offer.
2.2 The Customer shall submit the offer using the online order form on the Seller’s website. In doing so the Customer shall place the selected goods and/or services into the virtual basket and proceed with the electronic ordering process; by clicking the button to conclude the order, a legally binding offer is submitted to conclude a contract with respect to the goods and/or services placed in the basket. The Customer may also submit an offer to the Seller by telephone, fax, email, or letter.
2.3 The Seller may accept the Customer’s offer within five days:
- by sending the Customer an order confirmation in writing or by fax or email; the date the order confirmation is received by the Customer shall be deemed determinative in this regard, or
- by delivering the goods ordered to the Customer; the date the goods are received by the Customer shall be deemed determinative in this regard, or
- by requesting payment from the Customer after submission of the Customer’s order.
Should more than one of the above alternatives occur, the contract shall be deemed concluded upon the first occurrence of one of the above alternatives. Should the Seller fail to accept the Customer’s offer within the above-stated time limit, this shall be deemed a rejection of the offer and as a result the Customer shall no longer be bound by his declaration.
2.4 Should the Customer choose to pay by PayPal during the online order process by clicking on the button to conclude the order process, the Customer simultaneously issues payment instructions to its payment provider. In such case, and in derogation from section 2.3, the Seller is deemed to accept the Customer’s offer at such time as the Customer initiates the payment process by clicking the button to conclude his order.
2.5 The time limit for accepting the offer shall commence on the day after the Customer’s submission of the offer and end upon expiry of the fifth day following submission of the offer.
2.6 When an offer is made via the Seller’s online ordering form, the Seller shall store the text of the contract and send it to the Customer by email, fax or letter (together with these T&Cs) following dispatch of the Customer’s order. The text of the contract shall also be archived on the Seller’s website and may be accessed by the Customer free of charge by logging in to his password protected account by means of the relevant log-in information, provided the Customer had a customer account on the Seller’s website prior to placing the order.
2.7 The Customer may correct his input in the Seller’s online form at any time prior to submitting a binding order by using the standard keyboard and mouse functions. In addition, before a binding order is submitted, the Seller’s website shall display all input one final time in a confirmation window, where the Customer can also correct it by using the standard keyboard and mouse functions.
2.8 Order processing and communications shall, as a rule, be handled via email and automated order processing procedures. The Customer shall ensure that the email address he gives to process the order is correct, such that the Customer is able to receive emails sent by the Seller to this address. In particular when using spam filters, the Customer shall ensure that all emails from the Seller or third parties engaged in connection with the processing of the order are capable of being delivered.
3) Right to cancel
Cancellation policy and cancellation form
Consumers shall have the right to cancel the contract in accordance with the following, where a consumer is a natural person who, when entering into a legal transaction, acts primarily in a fashion not in exercise of its trade, business or profession.
A. Cancellation policy
Right to cancel
You have the right to cancel this contract within 14 days without the need to give any reason.
This time limit is 14 days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last of the goods.
To exercise your right to cancel this contract you must send us (Jaxmotech GmbH, Ostring 60, 66740 Saarlouis, tel: +49 (0)6831 5059800, fax: +49 (0)6831 5059801, email: firstname.lastname@example.org) an unambiguous declaration (e.g. by letter sent by post, fax or email) regarding your intent to cancel this contract. You may use the sample cancellation form which is attached here for this this purpose, but are not required to do so.
To exercise your right to cancel this contract, it is sufficient for you to send your declaration that you are exercising your right to cancel this contract prior to the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract we shall immediately refund all payments we have received from you, including delivery costs (but excluding any additional costs resulting from your choice of any delivery method other than the cheapest standard delivery offered by us), within fourteen days at the latest from the date on which we received your letter stating your intent to cancel the contract. Our refund to you will be made by the same payment method used in the original transaction unless expressly agreed otherwise; you will not under any circumstances be charged a fee for the refund. We may decline to process the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must ship or deliver the goods to us immediately, no later than fourteen days from the day you informed us you wished to cancel the contract. This time limit is deemed to have been complied with if you ship the goods prior the expiry of the fourteen day period.
You shall be responsible for the direct costs of returning the goods.
You must only pay for any diminished value of the goods if such reduction in value is the result of your handling of the goods, where such handling was not necessary to inspect the condition, characteristics and function of the goods.
Exclusion/premature expiry of the right to cancel
Your right to cancel the contract shall expire prematurely for contracts for delivery of sealed goods which are not suitable to be returned for public health or hygiene reasons, where such goods have been unsealed after delivery.
Your right to cancel the contract shall expire prematurely for contracts for delivery of sealed audio or video recordings or computer software, where such goods have been unsealed after delivery.
- Please avoid damaging and contaminating the goods. Please return the goods to us in their original packaging, with all accessories and all packaging components. Please use protective packaging if required. If you no longer have the original packaging, please sure the goods are suitably packaged to provide adequate protection against damage in transit.
- If possible, please do not return the goods to us freight or postage unpaid.
- Please note that the above 1 and 2 are not requirements for effectively exercising your right to cancel the contract.
B. Cancellation form
If you wish to cancel the contract please fill in this form and return it to:
66740 Saarlouis, Germany
Fax: +49 (0)6831 5059801
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/for the performance of the following services (*)
Order date (*) ____________ / Date received (*) __________________
Name(s) of the consumer
Address of the consumer
Signature of the consumer (only required for paper forms)
(*) Delete as appropriate
4) Prices and payment terms
4.1 Unless stated otherwise in the Seller’s offer, the prices stated shall be deemed final prices inclusive of statutory VAT. Additional delivery and shipping costs, if applicable, shall be stated separately in the product description.
4.2 The various payment methods referenced in the Seller’s online shop are available to the Customer.
4.3 Where advance payment is agreed, payment is due immediately at the time the contract is formed.
5) Delivery and shipping terms
5.1 Goods shall be shipped to the delivery address indicated by the Customer unless otherwise agreed. The delivery address given at the time the order is processed shall be deemed to govern, with the exception of orders on which payment is made by PayPal, where the delivery address given by the Customer when paying by PayPal shall govern.
5.2 Should the transport company return the shipped goods to the Seller because it was unable to deliver them to the Customer, the Customer shall bear the cost of the unsuccessful delivery attempt. This shall not apply if the Customer is not responsible for the circumstances which led to the transport company’s inability to deliver the goods, or if the Customer was temporarily prevented from accepting the service provided, except where the Seller had given the Customer sufficient advance notice of the service.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods purchased shall pass to the Customer upon handover of the goods to the Customer or a person entitled to receive the goods. If the Customer is a business entity, the risk of accidental loss and accidental deterioration of goods shipped for purchase shall pass to the Customer at such time as the goods are handed over to a suitable transport employee at the Seller’s business premises.
5.4 The Seller shall reserve the right to cancel the contract in the event that it fails to receive timely or proper deliveries from its suppliers. This shall only apply where the Seller bears no responsibility for the failure to deliver the goods, and where the Seller has exercised the requisite diligence in concluding an actual cover transaction with the supplier. The Seller shall use its reasonable best efforts to obtain the goods. In the event that the goods are not available or only a portion thereof is available, the Seller shall notify the Customer thereof at once and refund the consideration without delay.
5.5 If the goods are to be collected by the Customer, the Seller shall initially notify the Customer by email that the goods ordered by the Customer are ready for collection. Upon receipt of this email the Customer shall arrange with the Seller to collect the goods from the Seller’s premises. In such case, no shipping costs will be charged.
Retention of title
6.1 In transactions with consumers, the Seller shall retain title to the goods delivered until the purchase price under the contract has been paid in full.
6.2 In transactions with business entities, the Seller shall retain title to the delivered goods until all receivables from the ongoing business relationship have been settled in full.
6.3 If the Customer trades as a business entity, the Customer shall be entitled to sell the retention of title goods onward in the normal course of its business operations. The Customer hereby assigns to the Seller in advance all third party receivables in the amount of the invoice (including VAT) arising therefrom. This assignment shall apply regardless of whether the goods subject to retention of title are sold onward with or without processing. The Customer shall remain entitled to collect the receivables even after their assignment. The Seller’s right to collect the receivables itself shall remain unaffected by the foregoing. The Seller shall, however, not collect the receivables, provided that the Customer complies with its payment obligations vis-à-vis the Seller, does not default on payment and no application has been made to commence insolvency proceedings in respect of the Customer.
7) Liability for defects
In the event of a defect in the object of purchase, the statutory provisions shall apply. This shall not apply to items which were used in construction for a purpose other than their usual purpose and the defects of the construction were due to such items:
7.1 In transactions with business entities:
- an insignificant defect shall, as a basic rule, not give rise to any claim for defects;
- the Seller shall choose the type of subsequent performance;
- the limitation period for defects of new goods shall be one year from the passage of the risk;
- The Customer shall have no rights and claims for defects whatsoever for used goods;
- the limitation period shall not restart upon delivery of a replacement in the event of a defect.
7.2 In transactions with consumers, the limitation period for claims for defects:
- shall be two years from delivery of the goods to the Customer for new goods;
- shall be one year from delivery of the goods to the Customer for used goods, with the restrictions imposed by section 7.3 below.
7.3 The above restrictions upon liability and limitation periods in sections 7.1 and 7.2, with regard to business entities and consumers, shall not apply to claims for damages and the reimbursement of expenses which the purchaser may assert in accordance with the statutory provisions regarding defects based on section 8 below.
7.4 In transactions with business entities, the statutory limitation period for the right of recourse in accordance with section 478 German Civil Code (BGB) shall remain unaffected. The same shall apply with regard to business entities and consumers in the event of a wilful breach of an obligation and the fraudulent concealment of a defect.
7.5 If the Customer is acting as a registered trader (Kaufmann) within the meaning of section 1 German Commercial Code (HGB), the Customer shall be subject to the investigation and notice obligations under section 377 HGB. Where the Customer fails to comply with such notice obligations, the goods shall be deemed accepted.
7.6 If the Customer is acting as a consumer, the Customer is requested to report delivered goods with obvious defects to the carrier, and immediately inform the Seller thereof. Where the Customer fails to do so, this shall have no effect whatsoever on the Customer’s statutory or contractual claims for defects.
7.7 If subsequent performance is effected by delivery of replacement goods, the Customer shall first return the delivered goods to the Seller at the Seller’s expense within 30 days. Defective goods shall be returned in accordance with the statutory provisions.
The Seller shall be liable to the Customer for all contractual, quasi-contractual, statutory and tort claims for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without restriction, on any legal basis:
- for intentional acts or omissions, or gross negligence;
- for the grossly negligent injury to life, body or health, or the same resulting from an intentional act or omission;
- on the grounds of an independent guarantee, unless otherwise agreed;
- on the grounds of strict liability, such as under the German Product Liability Act (Produkthaftungsgesetz), for example.
8.2 Should the Seller negligently breach a fundamental contractual obligation, the Seller’s liability shall be restricted to liability for foreseeable damages typical for the contract, provided the Seller does not bear unlimited liability under section 8.1 above. Fundamental contractual obligations are those obligations which the substance of the parties’ contract imposes on the Seller, which are required to fulfil the purpose of the contract, the performance of which actually enables the proper implementation of the contract and upon the adherence with which the Customer is entitled to rely.
8.3 The Seller hereby disclaims liability in all further and other respects.
8.4 The above provisions regarding liability shall also apply with regard to the liability of the Seller for its vicarious agents and statutory representatives.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, but excluding the UN Convention on the Contracts for the International Sale of Goods. This choice of law shall only apply to consumers to the extent that it does not have the effect of depriving the consumer of the protection of the mandatory rules of the law of the country in which the consumer has its habitual residence.
9.2 If the Customer is a registered trader, a legal person under public law, or a public law special fund with its registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction over all disputes arising from this contract shall be vested in the courts at the place of the Seller’s business premises. If the Customer’s domicile or registered office is located outside the territory of the Federal Republic of Germany, the courts at the place of the Seller’s business premises shall have exclusive jurisdiction over all disputes arising from this contract where the contract or claim arising from the contract have arisen as a result of the Customer’s exercise of its trade, business or profession. The Seller is, however, entitled to file suit with the court at the place of the Customer’s registered office in the above-referenced cases.