General terms and conditions
The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is for consumers only.
2. Contractual partner, formation of contract
The contract is concluded with JAKO AG.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for contract formation are German and English.
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
The following payment methods are basically available in our online shop:
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process.
Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.
6. Retention of title
The goods shall remain our property until full payment is made.
7. Damage during delivery
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
8. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: Our customer service is available for queries, complaints and claims on working days from 8.30 am until 6 p.m. via phone at +49 7938 9063-222 as well as via email at firstname.lastname@example.org
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Instructions on cancellation
Right to cancel
You have the right to cancel this contract within thirty days without giving any reason. The cancellation period will expire after thirty days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (JAKO AG, Amtstrasse 82, 74673 Mulfingen, Deutschland, email@example.com, Phone: 49 7938 9063-222 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an email). You may use the attached model cancellation form, but it is not obligatory.
You can also electronically fill in and submit the model cancellation form or any other clear statement on our website https://www.jako.de/de/widerruf-formular/. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right to cancel does not exist for the following contracts:
• Contracts for the supply of goods that are made to the consumer’s specifications, i.e. non- prefabricated goods made on the basis of an individual choice of or decision by the consumer or are clearly personalized.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de
AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit Wilde Beuger Solmecke Rechtsanwälte.