GTC
General terms and conditions for online orders
§ 1 General
1. All deliveries and services that Jutger GmbH & Co.KG provides for the customer are based exclusively on the following general terms and conditions in the version valid at the time of the order.
2. Consumers in the sense of these terms and conditions are natural persons with whom a business relationship is entered into, without a commercial or independent professional activity being attributable to them. Entrepreneurs in the sense of these terms and conditions are natural or legal persons or legal partnerships with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity. Customers in the sense of these terms and conditions are both consumers and entrepreneurs.
3. Deviating and conflicting or supplementary general terms and conditions of the customer do not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
§ 2 Delivery / Payment
1. After the contract has been concluded, delivery to the address provided by the customer usually follows on the day the payment is received. Otherwise, the terms of payment and delivery agreed with the entrepreneurs apply. However, this information is non-binding insofar as compliance with delivery times is dependent on a commissioned carrier or parcel service.
2. The purchase contract is only concluded when we confirm the order at the conditions contained in the order confirmation. The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding a congruent hedging transaction with our supplier. The customer will be informed immediately about the unavailability of the service. The consideration will be reimbursed immediately, if already provided.
3. If not all goods ordered are in stock, Jutger GmbH & Co.KG reserves the right to make partial deliveries.
§ 3 Transfer of risk
1. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods goes to the forwarding agent, in the case of sale by mail, with the delivery of the goods, the carrier or the person or institution otherwise assigned to carry out the shipment to him. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold does not pass to him until the item is handed over, even if the item is sold by mail.
2. The handover is the same if the customer is in default of acceptance.
§ 4 Prices
1. The prices listed on the Internet at the time of the order apply. For customers, the prices given are final prices, ie they include the applicable statutory value added tax and other price components. For entrepreneurs, the VAT is shown separately.
2. Price changes as a result of and to the extent of price increases by the manufacturer of the purchased goods are only permitted, if there are more than 6 weeks between the conclusion of the contract and the agreed delivery date in the case of a contract with an entrepreneur and more than 4 months in the case of a contract with a consumer and the company Jutger GmbH & Co.KG has to pay a higher price due to a price increase by the manufacturer in the meantime or itself the statutory VAT increased; then the price of Jutger GmbH & Co.KG 3 valid on the day of delivery applies. During the delay, the consumer has to pay interest of 5%, the entrepreneur interest of 8% above the respective discount rate of the Deutsche Bundesbank pa .
§ 5 Set-off, retention, assignment
1. The customer can only set off claims by Jutger GmbH & Co.KG if if the counterclaim of the buyer is undisputed or a legally binding title is available; The customer can only assert a right of retention if it is based on claims from the respective sales contract.
2. The assignment of rights and / or the transfer of the customer's obligations from a purchase contract with Jutger GmbH & Co. KG are not permitted without their written consent.
§ 6 Reservation of title According to § 449 BGB, the purchased goods remain the property of Jutger GmbH & Co.KG until they have been paid for in full. The customer is not permitted to pledge, transfer by way of security, processing or redesign before payment and the associated acquisition of full ownership without the express consent of Jutger GmbH & Co.KG.
§ 7 Warranty
1. If the buyer is an entrepreneur, Jutger GmbH & Co.KG will initially provide a guarantee for defects in the goods through repair or replacement delivery, at its option.
2. If the buyer is a consumer, he first has the choice of whether the supplementary performance should be carried out by repair or replacement. However, Jutger GmbH & Co.KG is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
3. If the subsequent performance fails, the customer can in principle, at his option, request a reduction in the payment (reduction) or cancellation of the contract (withdrawal). A supplementary performance has failed if the material defect continues after the 2nd Attempts at subsequent performance have not yet been eliminated. However, in the event of only a minor breach of contract, in particular only minor defects, the customer has no right of withdrawal.
4. Entrepreneurs must report obvious defects to Jutger GmbH & Co.KG in writing within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects. Claims for defects by the entrepreneur require that he has properly complied with his inspection and complaint obligations under Section 377 HGB. Consumers must inform Jutger GmbH & Co.KG in writing of obvious defects within a period of 2 months after the time at which the non-contractual condition of the goods was determined. The receipt of the notification by Jutger GmbH & Co.KG is decisive for meeting the deadline. If the consumer fails to provide this information, the warranty rights expire 2 months after the defect has been discovered. This does not apply in cases of malice of the seller. The burden of proof for the point in time at which the defect was discovered lies with the consumer. If the consumer was persuaded to purchase the item by inaccurate manufacturer statements, the burden of proof for his purchase decision rests on him. In the case of used goods, the consumer bears the burden of proof for the defectiveness of the item.
5. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer chooses compensation after a failed supplementary performance, the goods remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if Jutger GmbH & Co.KG fraudulently caused the breach of contract.
6. For entrepreneurs, the warranty period is 1 year from delivery of the goods. For consumers, the limitation period is 2 years from delivery of the goods. The limitation period for used items is 1 year from delivery of the goods. This does not apply if the customer has not reported the defect in good time (Section 4. of this provision). 7. If the buyer is an entrepreneur, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent a contractual specification of the quality of the goods. 8. We do not give the customer any guarantees in the legal sense. Manufacturer guarantees remain unaffected.
§ 8 RIGHT OF CANCELLATION AND RETURN FOR CONSUMERS If the customer is a CONSUMER, he has the following rights:
1. RIGHT OF WITHDRAWAL You can submit your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, e- Mail) or - if the item is left to you before the deadline expires - revoke it by returning the item. The period begins upon receipt of this information in text form, but not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods, not before the first partial delivery has been received) and also not before the fulfillment of our information obligations in accordance with Section 312c (2) BGB in conjunction with Section 1 (1.2) and (4) BGB- InfoV as well as our obligations according to § 312e Abs. 1 1 BGB in connection with § 3 BGB-InfoV. To meet the objection period, the timely dispatch of the revocation or the item is sufficient. The revocation is to be sent to: Jutger GmbH & Co.KG, Industriehof Trecknase 10, 42897 Remscheid
2. CONSEQUENCES OF REVOCATION In the case of an effective revocation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. Can you not return the received service in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if you were your property and by refraining from anything that could impair its value. Transportable items are to be sent back. You have to bear the return costs, if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of EUR 40 or if you have not yet made the consideration or a contractually agreed partial payment in the case of a higher price of the goods at the time of cancellation. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt. In any case, please request our return receipt (telephone number 02191 / 7828-0). 4. Special note The right of withdrawal does not apply to goods which have been made to customer specifications or are clearly tailored to the personal needs of the CONSUMER or which are not suitable for a return due to their nature.
§ 9 Limitations of Liability
1. In the case of slightly negligent breaches of duty, the liability of Jutger GmbH & Co.KG is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents of the company Jutger GmbH & Co. KG. The company Jutger GmbH & Co. KG is not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations, even if by legal representatives or vicarious agents committed.
2. The above limitations of liability do not affect customer claims arising from product liability, as well as physical and health damage that cannot be attributed to Jutger GmbH & Co.
3. Claims for damages by the customer due to a defect expire 1 year after delivery of the goods. This does not apply if the company Jutger GmbH & Co.KG is guilty of gross negligence and malice, as well as in the case of attributable physical and health damage or loss of the customer's life. 4. According to the current state of technology, data communication via the Internet cannot be guaranteed at all times and is not 100% error-free. The company Jutger GmbH & Co. KG is therefore neither liable for the constant or uninterrupted availability of the online offers nor for technical and electronic errors during a sales event over which Jutger GmbH & Co. KG has no influence. In particular, Jutger GmbH & Co. KG is not liable for the resulting delayed processing or acceptance of offers. The customer is responsible for regular data and software backups.
§10 Data protection
1. By placing an order, the customer agrees to the storage of his data. He is entitled at any time to view his data or, if necessary, to have information changed or deleted. (Data protection provisions are shown separately)
§ 11 Severability Clause Should one or more provisions of these general terms and conditions be ineffective in whole or in part, this does not result in the ineffectiveness of the entire contract and the ineffectiveness of the remaining general terms and conditions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
§ 12 Place of jurisdiction
1. If the customer is a merchant, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is from the supplier's point of view. However, the supplier is also entitled to sue at the customer's registered office.
2. For the legal relationships in connection with this contract, German substantive law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG)
§ 13 Miscellaneous All product and company names mentioned by us are trademarks of the respective owners or manufacturers. If we enable access to other websites from our website via a link, we are not liable for their content.