General terms and conditions of business
1. General
1.1 All deliveries and services that we provide for the customer are carried out exclusively on the basis of the following General Terms and Conditions (GTC). We do not recognize any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing.
1.2 The contract language is German, English, and Spanish. Our offer is only available in German.
2. Ordering process, the conclusion of the contract
2.1 Use our search function (above directly under the navigation bar) or call up the desired product category in our online shop to find the desired products.
You can use the “Buy” button with the shopping cart symbol to place items that you want to order in the shopping cart.
You can find the symbol on the respective product pages. As soon as there are items in your shopping cart, you can view the shopping cart using the “Show shopping cart” link and change individual quantities, delete items, and add more items using the “To the shop” link.
The ordering process continues by clicking on “order” at the bottom right of the shopping cart. You must now log in with your stored e-mail address and your password. If you have not yet stored any customer data, please select the “register” button under “to register a new customer”, fill in the mandatory fields, and save your data, you will then be able to specify your payment request; after saving your data or after logging in with the access data you already have, you will be taken to the checkout page.
There you can then enter or change your billing address, your delivery address, the payment method, view previous orders, change your password, download customer forms, subscribe to or unsubscribe from our newsletter, and send the order. You can use the “Change shopping cart” link to make changes to your shopping cart or to delete it. By clicking on the “Place order” button, you send your offer to us.
2.2 Our offers on our website (online shop) represent a non-binding invitation to the customer to order goods from us. The order is limited to normal household quantities. By clicking the button “Order now for a fee / Buy” the customer places a binding order for the goods contained in the shopping cart. We will immediately confirm receipt of the order by e-mail (confirmation of receipt of order).
2.3 We are entitled to accept the customer’s offer within 10 working days by sending an order confirmation or by sending the goods. The order is confirmed by a separate order confirmation email. After the fruitless expiry of this period, the offer is rejected.
2.4 We reserve the right not to provide the promised service if, after the conclusion of the contract, it turns out that the goods are not available, although a corresponding contractual obligation has been concluded. In such a case the customer will be notified immediately. Any consideration already paid will be reimbursed immediately. Further claims against us are excluded.
3. Delivery, Delivery Period
3.1 Unless otherwise agreed, the goods are delivered from the Berlin warehouse or via another JaxBan location. We are entitled to partial deliveries; In the case of partial deliveries, the customer receives information about partial quantities and additional delivery dates. Partial deliveries abroad are unfortunately not possible.
3.2 The items ordered will be delivered by our shipping service (DHL) as quickly as possible.
3.3 We deliver as quickly as possible, usually – if the goods are available, in the case of advance payment after receipt of payment – we usually ship regular packages within 1 to 4 working days, bulky goods such as bicycles within 1 to 2 weeks, at the latest within 2 to 4 weeks after the conclusion of the contract. If delivery delays are due to reasons for which we are not responsible (force majeure, fault of third parties, etc.), the period will be extended appropriately. The customer will be informed immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract; in the event of withdrawal, consideration by the customer will be refunded immediately.
4. Prices, shipping costs, and return shipping costs in the event of cancellation
4.1 All prices mentioned, including for packaging and shipping, include the applicable statutory sales tax (VAT).
4.2 Shipping costs will be displayed to you in the ordering process before you send off your final order. In other European countries, you will be informed of the shipping costs before shipping. If you pay cash on delivery, a fee of EUR 2.00 and a fee of EUR 3.60 for cash on delivery from Deutsche Post will be charged. We deliver abroad exclusively by bank transfer or credit card.
4.3 In the event of an effective cancellation, we shall bear the direct costs of returning the goods. We provide so-called “free-way vouchers” for returns. Their use is not a prerequisite for the assumption of the return costs, however, in the case of returns without a free-way voucher, we only assume the costs for standard shipping. Additional costs resulting from the fact that the customer has chosen a different type of return (e.g. express delivery) will not be borne by us unless we have agreed otherwise with the customer. Goods that cannot be sent by parcel are goods that, due to their nature, cannot be returned normally by post. We will pick up goods that cannot be shipped as a parcel from you at our own expense.
5. Retention of Title
The ordered goods remain our property until full payment. Before the transfer of ownership, pledging, transfer of ownership, processing, or transformation is not permitted without our express consent.
6. Damage in transit
If goods are delivered with obvious damage to the packaging or the contents, the customer must complain immediately to the carrier/freight service and refuse acceptance. In addition, contact us immediately. Hidden defects must be reported to us immediately after they are discovered. A shortening of the statutory limitation periods is not associated with this regulation.
7. Liability for Defects
7.1 The customer’s claims against us in the event of defects are based on the statutory regulations within the statutory periods, provided that the following regulations do not result in any deviations.
7.2 If defects or damage are due to culpable or improper handling, improper installation, use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by us or to natural wear and tear due to overstressing of mechanical parts, these are excluded from the warranty.
7.3 If the customer is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and another type of supplementary performance can be used without significant disadvantages for the customer. If the customer is an entrepreneur, we have the right to choose whether the supplementary performance should take the form of a repair or a replacement delivery. During the supplementary performance, the customer cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed with the unsuccessful second attempt unless something else arises from the nature of the item or the defect or the other circumstances.
7.4 The customer must make the purchased item available to us so that we can examine the notices of defects that have been raised. Otherwise, we are not obliged to accept a request for supplementary performance from the customer.
7.5 In the event of an unjustified request for rectification of defects, we reserve the right to demand compensation from the customer. A request for rectification of defects is unjustified if the customer recognizes or negligently fails to recognize that there is no defect in the purchased item, but that the cause of the symptom behind which he suspects a defect lies within his own area of responsibility. If we demand compensation, this amounts to 10% of the purchase price. Compensation for damages is to be set higher or lower or is waived if we can prove higher damage or the buyer can prove less damage or the non-occurrence of damage.
7.6 The customer’s claims for defects expire in two years when buying new items, and in one year when buying a used item. If the customer is an entrepreneur within the meaning of § 14 BGB, his claims for defects expire in one year when buying new items, and any warranty is excluded when buying used vehicles. The limitation period begins with the delivery of the item. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected. If the customer is an entrepreneur within the meaning of § 14 BGB, the statutory limitation provisions for the customer’s right of recourse against us in the event of resale to consumers (consumer goods purchase) remain unaffected.
8. Limitation of Liability
8.1 We are only liable for damage other than damage to life, limb, and health if this is based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by us. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
8.2 If an essential contractual obligation is violated negligently, our liability is limited to foreseeable, contract-typical damage.
8.3 According to the state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online trading system nor for technical and/or electronic errors during a sales event over which we have no influence, in particular not for the delayed processing and/or acceptance of offers.
9. Privacy, Miscellaneous
9.1 The customer is hereby informed that we will record his address and the respective contract data in machine-readable form and process them automatically for tasks arising from the contract. For further information on data protection, we refer to the data protection declaration contained in our Privacy Policy.
9.1.1 We collect personal data (title, first name, last name, address, e-mail, telephone number, identification number, ownership details, VAT number, account, card and payment transaction data, date of birth, content of Schufa information) exclusively for the initiation and processing of the contract. The processing of this data is necessary for the initiation and execution of the contract, in particular for mutual correspondence, for the fulfillment of mutual obligations from this contract, and for invoicing (Art. 6 Para. 1 S. 1 lit. b DSGVO). If the information is not provided, the execution of the contract is not possible. In order to initiate and fulfill a contract, it may be necessary to transmit personal data from our contractual partner and the order data to third parties (suppliers, transport companies, subcontractors, auditors or Experts, service providers for cashless payment transactions, credit agencies e.g. Schufa or Creditreform) (Art. 6 Para. 1 S. 1 lit. b GDPR). The data passed on may only be used by third parties to fulfill the order or to carry out pre-contractual measures that are carried out at the request of our contractual partner.
9.1.2 The data collected by us will be stored for the duration of the business relationship and beyond, as long as there are statutory retention periods, legal claims can be asserted from the contractual relationship or other legitimate reasons justify further storage, and will then be deleted, unless that we are obliged to store data for a longer period of time according to Article 6 Paragraph 1 S. 1 lit Paragraph 1 sentence 1 lit. a GDPR has consented.
9.1.3 Our contractual partner can request information from us about the relevant personal data (Art. 15 GDPR) as well as correction of incorrect or completion of his personal data stored by us (Art. 16 GDPR), deletion in the cases specified in Art. 17 GDPR, restriction of processing (Article 18 GDPR), objection to processing (Article 21 GDPR) and transfer of data in accordance with Article 20 GDPR. Furthermore, our contractual partner can lodge a complaint with a supervisory authority (Article 77 GDPR).
9.1.4 If we process personal data on the basis of consent given pursuant to Article 6 Paragraph 1 lit. a GDPR, our contractual partner has the right to revoke the consent at any time. The legality of the processing is carried out on the basis of the consent until the revocation remains unaffected.
9.1.5. The contact details of our data protection officer are Christian Volkmer, Projekt 29 GmbH & Co. KG, Ostengasse 14, 93047, telephone: 0941 2986431, fax: 0941 29864326
9.2 Should a provision of these General Terms and Conditions not be effective, this will not affect the legal validity of the rest of the contract as a whole. The ineffective regulation will be replaced by the relevant statutory regulation.
9.3 The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/. In this context, please note our e-mail address: [email protected]. We do not participate in a dispute settlement procedure before a consumer arbitration board and are not obliged to do so.
9.4 If the customer is a merchant, the place of jurisdiction is Berlin.
9.5 German law applies to the exclusion of private international law and the UN Sales Convention (CISG).
Status: 15/07/2020