Terms and Conditions
1 Basic provisions
1.1) These General Terms and Conditions of JAKOB SCHMIDEN GmbH (hereinafter “Seller”/”We”) apply to all contracts for the delivery of goods that a consumer (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. Unless otherwise agreed, any conditions you may use will be expressly rejected.
1.2) A customer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
2 Conclusion of the contract
2.1) The subject matter of the contract is the sale of goods.
2.2) By providing a product in our shop, we make a binding offer to our customers to conclude a purchase contract.
2.3) All products intended for purchase are placed in the “shopping cart” by the customer. After entering personal data and payment information, the customer has the opportunity to review all entered information. By clicking the designated button to submit the order, the customer legally accepts the offer. Thus, the purchase contract is concluded. When choosing the payment option through payment service providers such as PayPal or Sofortüberweisung, the customer is redirected from our online shop to the provider’s website. After entering all required data, the customer is finally redirected back to our shop.
2.4) All information related to the conclusion of the contract is transmitted automatically by email. The customer must therefore ensure that the email address stored with us is accessible.
3 Retention of title and right of retention
3.1) The customer may only exercise a right of retention if it does not involve claims from the same contractual relationship.
3.2) Until the full payment of the purchase price, the goods remain the property of the shop operator.
4 Liability provisions
4.1) We are liable without limitation for damages to life or health, as well as in cases of intent and gross negligence. Furthermore, in cases of fraudulent concealment of defects and in all other cases regulated by law. Liability for defects within the framework of statutory warranty is subject to the corresponding provisions in our customer information.
4.2) If essential contractual obligations are not fulfilled, the liability of the online shop in case of slight negligence is limited to the foreseeable, contract-typical damage.
4.3) In the event of a breach of minor contractual obligations arising from the contract, liability is excluded for slight negligent breaches of duty.
4.4) There is no liability for the continuous availability of this website and the goods offered on it.
5 Choice of law
5.1) German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply expressly.
6 Dispute resolution
6.1) The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obligated nor willing to participate in dispute resolution proceedings in front a consumer arbitration board.
7 Language of the contract, storage of the contract text
7.1) The contract language is English.
7.2) We do not store the complete text of the contract. Customers can electronically save it before submitting the order using the print function of the browser.
8 Prices and payment methods Features of the goods
8.1) The prices indicated as well as the shipping costs represent gross prices.
8.2) Shipping costs are not included in the purchase price. They are explicitly marked or will be separately indicated during the ordering process and are to be borne by the customer additionally, unless free delivery is promised.
8.3) The available payment methods are indicated on our website or in the respective item description, but at the latest in the final order process at the “checkout”. Unless otherwise stated, payment claims from the contract are due for immediate payment.
8.4) The essential characteristics of the goods can be found in the item description and the supplementary information on our website.
9 Delivery conditions
9.1) Delivery conditions, delivery time as well as any existing delivery restrictions can be found under the appropriately labeled link in our online shop or in the respective item description.
9.2) For consumers, the risk of accidental loss or deterioration of the sold goods during shipment only passes to the customer upon delivery of the goods. This provision applies regardless of whether the shipment is insured or uninsured.
10 Statutory warranty rights
10.1) The statutory warranty rights remain unaffected.
10.2) Consumers are requested to check the goods for completeness, obvious defects, and transport damage upon delivery and to notify the shop operator as soon as possible. Failure to do so will not affect their statutory warranty rights.
Source: These terms and conditions and customer information for online shops were created with the template from Website-Tutor.com.