§ 1 Scope of application
The following terms and conditions apply to all orders and contracts between Jointstore GmbH, Hans-Sachs-Str. 17, 40721 Hilden - hereinafter referred to as the provider - and the customer, which are concluded via the provider's website jointstore.de. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is contradicted. Verbal agreements, contracts and orders must be made in writing.
A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
By placing the products in the online store, we make a binding offer to conclude a contract for these items. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
The condition for an effective conclusion of contract is always that the order process is completed by sending the order.
§ 3 Prices and shipping costs
The prices quoted in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes.
If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs on the "Shipping costs" page.
The customer will receive an invoice with VAT shown.
§ 4 Right of withdrawal
A. Differentiation between entrepreneurs (commercial buyers) and consumers.
Jointstore GmbH distinguishes between entrepreneurs and consumers.
There is no right of withdrawal for entrepreneurs (commercial buyers).
B. For consumers, the following applies by way of derogation:
1. consumers are generally entitled to a right of withdrawal when concluding a distance selling transaction.
2. the right of withdrawal within the meaning of § 355 ff BGB only applies if a law grants a consumer a right of withdrawal in accordance with § 355 BGB. This is the case, for example, for doorstep selling (§ 312 BGB b) and distance selling contracts (§ 312 c BGB).
3. the right of revocation does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs (§ 312g para. 2 no. 1 BGB).
The right of withdrawal does not apply to goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (§ 312g para. 2 no. 3 BGB) or if they have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4).
§ 5 Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods
To exercise your right of withdrawal, you must inform us [name/company, address, telephone number, e-mail address] by means of a clear statement (e.g. by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
1. consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of 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 may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
1. exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, for the delivery of newspapers, magazines or magazines with the exception of subscription contracts and for the delivery of goods that are made to customer specifications or clearly tailored to personal needs.
2. sample withdrawal form If you wish to withdraw from the contract, you can use the following sample withdrawal form. However, this is not mandatory:
To
Jointstore GmbH
Hans-Sachs-Str. 17
40721 Hilden
Hilden, Germany
Email:
[email protected]
Tel:
0152 / 34606682
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date(s)
_______________
(*) Delete as appropriate.
1. note Please note that the above withdrawal policy does not require the trader to provide a model withdrawal form. Should the trader nevertheless provide a model withdrawal form, this does not have to be used, but another clear declaration can also be made.
2. return costs In the event of a withdrawal, you as the consumer shall bear the direct costs of returning the goods, unless the value of the goods exceeds an amount of 40 euros. In this case, we as the seller shall bear the costs of the return shipment.
3. return of the goods Please note that you must always pack the goods properly and carefully in order to avoid damage during transportation. The return of the goods is at your expense and risk.
4. exchange An exchange of products is not possible. If you would like to exchange a product, you must make a withdrawal and return the product in accordance with the withdrawal instructions. You can then place a new order.
5 Contact If you have any questions about exercising your right of withdrawal or returning the goods, you are welcome to contact us by e-mail or telephone.
6 Statutory warranty Irrespective of your right of withdrawal, the statutory warranty rights apply to all our products. If you notice any defects in the goods, please contact us immediately so that we can find a solution together.
7 Applicable law and place of jurisdiction This withdrawal policy is subject to European law. The place of jurisdiction for all disputes arising from or in connection with this contract is the court responsible for the seller's registered office, provided that the customer is a consumer and resides in the European Union.
8. platform for online dispute resolution The European Commission provides a platform for online dispute resolution (OS) that consumers can use for the out-of-court settlement of disputes. The platform can be found at the following link: https://ec.europa.eu We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 6 Payment and shipping conditions
Payment is made in advance, PayPal.
Prepayment
If you choose to pay in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
PayPal
You pay the invoice amount via the online provider PayPal. You must always be registered there or register first, legitimize with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process.
In the case of delivery to commercial customers/entrepreneurs, delivery and shipment are at the customer's own risk. Any transport damage must be claimed from the shipping company or carrier.
§ 7 Right of retention, retention of title
The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
The goods remain the property of the supplier until the purchase price has been paid in full. In addition, the following applies:
1. the provider retains title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
2. the commercial customer may only resell the goods in the ordinary course of business after full settlement of all claims arising from the current business relationship.
3. if the goods subject to retention of title are combined and mixed, the supplier shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
§ 8 Warranty
The respective statutory provisions for sales contracts shall apply.
1. only the supplier's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
2. the commercial customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the supplier in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
3. in the event of defects, the provider shall, at his discretion, provide warranty by repair or replacement. If the rectification of defects fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the provider does not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
4. for commercial customers, the warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the supplier resulting from injury to life, limb or health and grossly negligent or intentionally caused damage or fraudulent intent on the part of the supplier, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.
§ 9 Customer service
Further information about us can be found in the imprint. You can reach our customer service for questions, complaints and objections Mon-Fri 09:00-18:00 under the telephone number +49 (0) 152-3460 6682.
§ 10 Liability
The provider shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
If essential contractual obligations are affected, the liability of the supplier in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
The seller points out that the customer must independently inform himself about the legal situation in his catchment area and the necessary requirements for using the product. The seller is not liable in the event of unlawful use by the customer, for example in the event of a ban issued by an authority. The customer is also responsible for the
legal situation of the ordered products and goods in his home country.
In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services or goods offered there.
§ 11 Age protection and youth verification
1. The customer confirms with his order that he has reached the minimum age required to purchase the age-restricted products.
2. The seller shall use a reliable age verification system to ensure that the customer has reached the required minimum age. Goods are handed over to the customer personally and only after successful authentication of the customer and a positive age check.
The check can also be carried out on site by presenting an identity card or passport.
§ 12 Storage of the contract text
We save the text of the contract and send you the order data. You can also view and download the GTC here on this page at any time. You can view your past orders in our customer login.
§ 13 Contract language
The language available for the conclusion of the contract is German.
§ 14 Choice of law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 15 Place of fulfillment and jurisdiction
Düsseldorf is agreed as the place of performance and jurisdiction for all reciprocal claims of the contracting parties.
§ 16 Dispute resolution and consumer dispute resolution
1. The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ . Consumers have the option of using this platform to resolve their disputes.
§ 17 Data protection
We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board and confirm that we treat your personal data and company data in accordance with the guidelines of the German Data Protection Act. This means that we use your data for a specific purpose, purely for your benefit, protect your rights and do not pass it on to third parties.
In particular, we base our actions on the provisions of the Data Protection Ordinance and the Federal Data Protection Act.
-------------------------------------------------------
Conditions of participation
1. participation in the competition is free of charge and non-binding.
2. all natural persons aged 18 and over who are resident in Germany, Austria or Switzerland are eligible to participate.
3. employees of the online store and their relatives are excluded from participation.
4. The period and procedure of the competition are clearly and comprehensibly described on the competition page of the online store.
5. participants must fill in the required information and details truthfully and completely in order to participate in the competition.
Conditions of participation according to §§ 305 ff. BGB (General Terms and Conditions)Notification of winnings:
1. the winners will be notified by e-mail or telephone, provided that the necessary contact details have been provided correctly and in full.
2. the winners must report back within 14 days of notification in order to receive the prize. Otherwise, the prize may be transferred to another participant.
Notification of winnings in accordance with §§ 433 ff. BGB (conclusion of contract) and §§ 145 ff. BGB (rescission)Exclusion of participants:
1. the online store reserves the right to exclude participants from the competition who have violated the conditions of participation or otherwise acted inappropriately.
2. in the event of suspected abuse or manipulation of the competition, the online store reserves the right to exclude the participant concerned from participation.
Exclusion of participants in accordance with the Unfair Competition Act (UWG), in particular § 3 (prohibition of unfair business practices) and § 5 (misleading by omission) Liability:
1. the online store is not liable for losses or damages that may occur in connection with the competition, unless they are due to gross negligence or intent.
2. the online store is not liable for technical problems which are beyond its control and which may impair or prevent participation in the competition.
The clauses on liability refer to §§ 276, 278 BGB (liability for damages) and § 309 No. 7b BGB (limitation of liability in case of slight negligence) Social media competitions:
1. if the competition takes place via social media, the guidelines and provisions of the respective platform apply in addition to the above conditions.
2. the online store reserves the right to terminate or modify the competition due to changes in the platform guidelines or for other reasons.
3. the online store is not liable for any loss or damage that may arise from the use of the platform or participation in the competition on the platform.
The clauses on social media competitions refer to the German Telemedia Act (TMG) and the Interstate Broadcasting Treaty (RStV), in particular the regulations on data protection and advertising.