Terms and conditions
General Terms and Conditions including Customer Information
- 1. Applicability
- 2. Conclusion of Contract
- 3. Right of Rescission
- 4. Pricing and Terms of Payment
- 5. Terms of Delivery and Sale
- 6. Retention of Title
- 7. Liability for Defects (Warranty)
- 8. Applicable Law
- 9. Jurisdiction
- 10. Information Regarding Online Dispute Resolution
1.1 These General Terms & Conditions (hereinafter "GTC") for Jansen GmbH & Co. KG (hereinafter "seller") apply to all agreements concluded between a consumer or business (hereinafter "customer") and the seller with respect to the goods and/or services described by the seller in his online shop. The admission of the customer’s terms and conditions is hereby excluded unless otherwise agreed. 1.2 For the purpose of this agreement, a consumer is any natural person concluding a legal transaction for purposes which cannot be primarily attributed to its commercial activities or self-employed profession. For the purpose of this agreement, a businessman is a natural person or legal entity or a legal partnership exercising its commercial activities or self-employed profession at the time legal transactions are concluded.
2) Conclusion of Contract
2.1 The product descriptions in the seller’s online shop do not constitute a binding agreement for the seller, but serve for the customer to submit a binding agreement. 2.2 The customer may submit the offer through the online order form built into the seller’s online shop. In doing so, after adding the selected goods and/or services to the virtual shopping basket and running through the electronic ordering process, the customer submits a legally binding offer of contract with respect to the goods and/or services in the shopping basket by clicking the button completing the ordering process. The customer may further submit the order to the seller by telephone, by fax, by e-mail, or by post. 2.3 The seller may accept the customer’s offer within five days,
- By transmitting a written order acknowledgement or an order acknowledgement in text form (fax or e-mail) to the customer; the receipt of the order acknowledgement by the customer is material in this respect, or
- By delivering the goods ordered to the customer; receipt of the goods by the customer is material in this respect, or
- By requesting payment from the customer upon the submission of his order.
In the event that several of the above alternatives apply, the agreement is concluded at the time one of the above alternatives first applies. If the seller does not accept the customer’s offer within the above time, this is considered a rejection of the offer and the customer is no longer bound to his declaration of intent. 2.4 In the event that the customer selects "PayPal Express" as the method of payment during the ordering process, by clicking the button concluding the ordering process the customer also submits his payment authorisation to his payment service provider. In this event, in derogation from item 2.3, the seller now already declares that he accepts the customer’s offer at the time the customer initiated payment by clicking the payment button when concluding the order process. 2.5 The deadline for accepting the offer starts the day after the customer submits his offer to purchase and ends at the end of the fifth day following the day the offer is submitted. 2.6 When submitting an offer using the seller’s online order form, the seller shall save the wording of the contract and send it to the customer after he has submitted his order including these GTC in text format (e.g. e-mail, fax or letter). The wording of the contract shall further be archived on the seller’s website, from where it may be retrieved by the customer through his password-protected customer account free of charge by entering the respective login information, provided that the customer registered a customer account in the online shop before submitting his order. 2.7 The customer is able to continuously correct his entries using the usual keyboard and mouse functions before submitting his order via the online order form. Furthermore, all entries are again displayed in a confirmation screen, where they can again be corrected using the usual keyboard and mouse functions before submitting the binding order. 2.8 The only language available for the conclusion of contract is German. 2.9 Orders are processed and contact is typically established via e-mail and automated order processing. The customer must ensure the e-mail address specified for order processing is one able to receive e-mails from the seller using this e-mail address. When using SPAM filters, the customer must particularly ensure that any e-mails from the seller or third parties assigned with orders processing by the seller can be delivered.
3) Right of Rescission
3.1 Consumers are on principle granted the right of rescission. 3.2 Please refer to the seller’s cancellation policy for details pertaining to the right of rescission.
4) Pricing and Terms of Payment
4.1 Unless otherwise specified in the product description, the prices specified are total prices including statutory sales tax. Any additional delivery and shipping costs are listed separated under the respective product description. 4.2 Deliveries to countries outside the European Union may be subject to additional fees not due to the seller and payable by the customer. These include e.g. remittance fees charged by credit institutions (e.g. transfer fees, foreign currency fees) or import fees or taxes (e.g. duties). Such fees pertaining to remittance may also apply to deliveries to countries within the European Union where the customer remits payment from a country outside of the European Union. 4.3 The customer is offered various payment options as specified in the seller’s online shop. 4.4 For cash in advance, payment is due promptly upon conclusion of contract. 4.5 When using a payment method offered by PayPal, payment is processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - in the event that the customer does not have a PayPal account – subject to the conditions applicable for payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5) Terms of Delivery and Sale
5.1 Goods are delivered to the delivery address specified by the customer unless otherwise agreed. The delivery address specified during the seller’s order processing is material for processing the transaction. 5.2 For goods delivered via carrier, delivery is "free kerbside", so to the public kerb closest to the delivery address specified unless otherwise specified in the shipping information in the seller’s online shop or unless otherwise agreed. 5.3 In the event that the carrier returns the despatched goods to the seller due to inability to deliver, the customer shall bear the costs of failed delivery. This does not apply if the customer effectively exercises his right of rescission, if he did not cause the circumstances resulting in the inability to deliver, or if he was temporarily unable to accept the service offered unless notified of the service by the seller within a reasonable period. 5.4 In the event of collection by the customer, the seller will first notify the customer of the goods ordered being ready for collection via e-mail. After receiving this e-mail, the customer may collect the goods at the seller’s place of business as agreed with the seller. In this case, no shipping charges will apply.
6) Retention of Title
In the event that the seller provides advance performance, he reserves ownership in the goods delivered until the purchase price owed is paid in full.
7) Liability for Defects (Warranty)
7.1 In the event that the goods purchased are defective, the provisions of statutory liability for defects apply. 7.2 Notwithstanding this, the statute of limitations for claims for defects for used goods is one year from the time goods are delivered to the customer. The statute of limitations will not be reduced to one year
- for goods used for a structure according to their typical use and causing its defectiveness,
- for damages arising from injury to life, body or health, resulting from the seller’s wilful or negligent breach of duties or wilful or negligent breach of duties by the seller’s legal representative or agent,
- for other damages due to the seller’s wilful or grossly negligent breach of duties or wilful or grossly negligent breach of duties by a legal representative or agent of the user, as well as
- in the event that the seller fraudulently concealed the defect.
7.3 The customer is requested to file a claim against the carrier for goods delivered with obvious transport damage and to notify the seller. Failure to do so does not affect his legal or contractual rights for defects.
8) Applicable Law
All legal relationships between the parties are subject to the laws of the Federal Republic of Germany under exclusion of the Laws on the International Sale of Goods. For consumers this choice of law only applies in this respect if this does not deprive the consumer of the protection granted by mandatory provisions law of the country in which the consumer typically resides.
If the customer acts as a merchant, legal entity under public law, or special fund under public law with registered office within the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from this agreement is the seller’s place of business. If the customer’s registered office is located outside the sovereign territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for any disputes arising from this agreement provided that the agreement or claims arising from the contract can be attributed to the professional or business activities of the customer. In these cases, the seller will in any case be entitled to appeal to the court having jurisdiction over the customer’s registered office.
10) Information Regarding Online Dispute Resolution
During the first quarter of 2016, the EU Commission will provide an internet platform to settle disputes online (so-called “ODR platform”). The ODR platform is intended as a place to settle out of court disputes pertaining to contractual obligations arising from online contracts of sale. The ODR platform will be made available under the link: http://ec.europa.eu/consumers/odr