General Terms And Conditions

1. SCOPE

The following Terms and Conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity. A business is a natural or legal person or a legally responsible partnership that, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

For business customers: Any conflicting or supplementary terms and conditions used by the business are hereby rejected unless we have expressly agreed to their validity.

2. CONTRACTUAL PARTNER, FORMATION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with JABs GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the order button. Immediately after submitting your order, you will receive confirmation by e-mail.

3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT

The language(s) available for concluding the contract: German

We save the contract text and send you the order data and our Terms and Conditions in text form. The contract text is no longer accessible via the Internet for security reasons.

4. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs may apply. You can find more details about any applicable shipping costs with the offers.

You generally have the option of collecting the goods from JABs GmbH, Steinbeisstr. 7, 72501 Gammertingen, Germany during the following business hours: By appointment with 1–2 days' notice.

5. PAYMENT

The following payment methods are generally available in our shop:

Prepayment
When selecting prepayment, we will provide our bank details in a separate e-mail, and deliver the goods after receipt of payment.

SEPA Direct Debit
By placing your order, you grant us a SEPA direct debit mandate. We will inform you of the date your account will be debited (so-called prenotification) at least one banking day in advance. A banking day is any working day excluding Saturdays, nationwide public holidays, and December 24 and 31. Your account will be debited before dispatch of the goods.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is executed by PayPal immediately after the order is placed. Further information is provided during the ordering process.

PayPal may offer additional payment options to registered and selected PayPal customers based on its own criteria. We have no influence over the offering of these options; any additional options are subject to your contractual relationship with PayPal. For more information, please refer to your PayPal account.

Credit Card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct Debit via PayPal
Payment by direct debit via PayPal is subject to an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you authorize PayPal to debit your account. You will be informed by PayPal of the debit date (so-called prenotification). The account debit occurs before the goods are dispatched.

Invoice via PayPal
Payment by invoice via PayPal is subject to an address and credit check and is processed directly by PayPal.

Amazon Pay
To pay the invoice amount via Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login credentials, and confirm the payment instruction. The transaction is processed within one banking day of placing the order. A banking day is any working day excluding Saturdays, nationwide public holidays, and December 24 and 31. Further information is provided during the ordering process.

6. RIGHT OF WITHDRAWAL

You have the statutory right of withdrawal as described in the withdrawal policy.

7. RETENTION OF TITLE

The goods remain our property until full payment has been made.
For business customers, the following applies additionally: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from such resale in the amount of the invoice value, regardless of whether the goods are combined with a new item. We accept this assignment. You remain authorized to collect the claims, but we may also collect them if you do not meet your payment obligations. We will release the securities upon request if the realizable value exceeds our claims by more than 10%.

8. TRANSPORT DAMAGE

For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us without delay. Failure to complain or contact us does not affect your legal rights or their enforcement, especially warranty rights. However, you help us assert our claims against the carrier or transport insurer.

For business customers: The risk of accidental loss and deterioration passes to you as soon as we have handed the goods over to the shipping company, freight carrier, or other person or institution designated to carry out the shipment.

9. WARRANTY AND GUARANTEES

9.1 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise below, the statutory right to liability for defects applies.

The following limitations and shortened periods do not apply to claims resulting from damages caused by us, our legal representatives, or agents

  • in the event of injury to life, body, or health,
  • in case of intentional or grossly negligent breach of duty or fraud,
  • in the event of a breach of essential contractual obligations (cardinal obligations),
  • under a given guarantee, if agreed, or
  • where the scope of application of the Product Liability Act is opened.

Limitations for business customers

Only our own specifications and the manufacturer’s product descriptions included in the contract shall be deemed agreed upon as the condition of the goods; we assume no liability for public statements made by the manufacturer or other advertising. For business customers, the limitation period for defect claims on newly manufactured goods is one year from the transfer of risk.

Statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.

Regulations for merchants

Merchants must observe the obligation to inspect and notify defects under § 377 of the German Commercial Code (HGB). If you fail to provide the required notification, the goods are deemed accepted unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

9.2 WARRANTIES AND CUSTOMER SERVICE

Information on any applicable additional warranties and their exact conditions can be found with the product and on specific information pages in the online shop.

10. LIABILITY

We are liable without limitation for claims based on damages caused by us, our legal representatives, or agents

  • in the event of injury to life, body, or health,
  • in case of intentional or grossly negligent breach of duty,
  • under a guarantee, if agreed, or
  • where the scope of application of the Product Liability Act is opened.

In case of a breach of essential contractual obligations (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage that can typically be expected. Otherwise, claims for damages are excluded.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. FINAL PROVISIONS

If you are a business customer, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Terms and Conditions created with the Trusted Shops Legal Text Generator.