General Terms And Conditions
General Terms and Conditions
A. General Terms and Conditions
- Conclusion of agreement
- Costs of return delivery if the right of cancellation is exercised
- Pricing and terms of payment
- Terms of delivery and shipping
- Liability for defects:
- Applicable law
B. Customer information
- Information regarding the Seller’s identity
- Information regarding the essential features of the goods or services
- Information regarding how the agreement comes about
- Information regarding payment and delivery
- Information regarding the technical steps which lead to the concluding of the agreement
- Information regarding storage of the agreement text
- Information regarding the technical means for recognising and correcting input errors
- Information regarding the languages which are available for the concluding of the agreement
A. General Terms and Conditions
1 Validity 1.1 These Terms and Conditions of "JBL GmbH & Co. KG" (hereinafter "Seller") apply for all agreements which a consumer (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services represented in its Spare Parts Shop. Inclusion of the Customer’s own terms and conditions is hereby objected to, unless agreed otherwise. .
1.2 A consumer within the meaning of these General Terms and Conditions refers to any natural person who executes a legal transaction for a purpose which cannot be attributed to its commercial activities or its self-employed professional activities. An entrepreneur within the meaning of these General Terms and Conditions refers to any natural person or legal entity, or an incorporated partnership, which is carrying out its self-employed professional or commercial activities when executing a legal transaction.
2 Conclusion of agreement
Conclusion of agreement 2.1 The product representations contained in the Seller’s Spare Parts Shop do not represent any binding offers by the Seller and, instead, serve to provide a binding offer by the Customer.
2.2 The Customer can place the offer by using the online order form integrated in the Seller’s Spare Parts Shop. When using the online order form to place an order, the Customer submits a legally binding contractual offer with reference to the goods contained in the shopping cart after it enters its personal data and clicks on the “purchase with costs” button in the final step of the ordering process.
2.3 The Seller can accept the Customer’s offer by an order confirmation sent by electronic means (e-mail) or by delivering the goods within five days. The Seller is entitled to refuse acceptance of the order.
2.4 Order processing and contacting are normally handled by automated order processing means. The Customer must ensure that the e-mail address it provides for order processing is applicable so that the e-mails sent by the Seller can be received at that address. In particular, if SPAM filters are used, the Customer must ensure that all of the emails which are sent by the Seller or third parties it commissions with the order processing can be delivered.
3 Costs of return delivery if the right of cancellation is exercised
3 Costs of return delivery if the right of cancellation is exercised If the Customer has a right of cancellation, it shall bear the regular costs of the return delivery if it exercises the right of cancellation if the price of the item to be sent back does not exceed an amount of 40 euros or, if the price of the item is higher, the Customer has not yet rendered the counter-performance or partial payment at the time of the cancellation, unless the delivered good does not correspond to the good ordered. In all other cases, the Seller shall bear the costs of the return delivery.
4 Pricing and terms of payment
4.1 The prices quoted by the Seller are end prices and include German legal turnover tax. Any additional costs of shipping which may occur will be stated separately with the respective product representation in the offer.
4.2 The Seller offers the following payment options for delivery within Germany unless provided otherwise in the respective product representation in the offer:
5 Terms of delivery and shipping
5.1 The goods will normally be delivered using the shipping route and the shipping address indicated by the Customer. When the transaction is executed, the shipping address indicated in the Seller’s purchase processing system is decisive. In deviation of the foregoing, if PayPal is selected as the payment option, the shipping address stored in the PayPal system at the time of the payment is decisive.
5.2 If the shipping company sends the goods that were shipped back to the Seller, because it was not possible to deliver them to the Customer, the Customer shall bear the costs of the unsuccessful delivery. This shall not apply if the Customer exercises its right of cancellation by refusing acceptance, if it is not responsible for the circumstance making it impossible to deliver or if it was temporarily prevented from accepting the service offered, unless the Seller announced the service to the Customer an appropriate time in advance.
6 Liability for defects
The legal liability for defects shall apply.
7 Applicable law
7.1 The law of the Federal Republic of Germany shall apply exclusively to all of the parties' legal relationships, subject to exclusion of the laws on international purchase. This choice of law only applies to consumers inasmuch as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has its permanent residence.
7.2 If the Customer is acting as a business person, legal entity under public law or a special fund under public law, the place of the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes. The same applies if the Customer does not have any general place of jurisdiction in Germany or the EU, or if the permanent residence or ordinary place of residence at the time that suit is filed is not known. The authority to also go to a court at a different place of jurisdiction shall not be affected by the foregoing.
7.3 German is the language of contract
B. Customer information
1 Information regarding the Seller’s identity
JBL GmbH & Co. KG Dieselstraße 3 67141 Neuhofen Germany
Tel: +49 (0)6236 4180-0 Fax: +49 (0)6236 4180-999 E-mail: info@JBL.de
Value added tax identification number pursuant to §27a Value-Added Tax Law: DE189992070
2 Information regarding the essential features of the goods or services
The essential features of the goods or services result from the respective product description provided by the Seller.
3 Information regarding how the agreement comes about
The agreement is concluded in accordance with the condition of Point 2 of the Seller's General Terms and Conditions (see above).
4 Information regarding payment and delivery
Payment is effected according to the condition of Point 4, delivery according to the condition of Point 5 of the Seller’s General Terms and Conditions (see above).
5 Information regarding the technical steps which lead to the concluding of the agreement
The agreement is concluded by offer and acceptance.
5.1 If the Customer uses the Seller’s online order form for its order, it places its order as follows:
5.1.1 In the first step, the Customer clicks on the “Add to Shopping Cart” button next to the desired product on the page where the products are offered. The Shopping Cart then opens on the right menu bar, showing the contents of the Shopping Cart. If the Customer then clicks on the Shopping Cart, he or she can choose from “Refresh”, “Clear Shopping Cart” or “Proceed to place order”.
5.1.2 In a second step, the Customer then clicks on the “Proceed to place order” button directly or after placing additional products into the virtual shopping basket. If the Customer isn’t registered and logged in yet, a new page opens. On this page, the Customer must either register and open a new account or log in if he or she is already a customer in an interim step. If he or she is already a registered customer, they fill in the “User name” and “Password fields” and then click on the “Login” button. If he or she is not registered as a customer yet, they click as follows: On the “Register” button under End Consumer Registration. Afterwards, they fill in the form and click on the “Save” button. The Shopping Cart opens. On this page, the Customer can also enter the desired mode of payment by ticking the corresponding box. Afterwards, the Customer must log into PayPal.
5.1.3 Now the Customer clicks directly on the “Next” button.
5.1.4 A new page showing an overview of the products ordered, billing information and payment information opens.
5.1.5 The Customer ticks “I accept your general terms of business and delivery” by clicking with the mouse.
5.1.6 The order is finalised by pressing the “purchase with costs” button.
5.2 Acceptance by the Seller is effected according to the conditions of Point 2.3 of the Seller’s General Terms and Conditions (see above).
6 Information regarding storage of the agreement text
The agreement text is stored by the Seller and sent to the Customer along with these General Terms and Conditions and Customer Information in text format (e.g. letter, fax, e-mail) after the Customer sends its order. The agreement text is also archived on the Seller’s Internet site and can be accessed free of charge by the Customer using its password-protected Customer Account and entering the corresponding login data, provided the Customer has set up a Customer Account in the Seller’s Spare Parts Shop prior to sending its order.
7 Information regarding the technical means for recognising and correcting input errors
Prior to binding placement of the order, the Customer can correct its inputs any time by using the standard keyboard and mouse functions. In addition, all of the inputs are displayed again in a confirmation window prior to binding placement of the order and can also be corrected there as well by using the standard keyboard and mouse functions.
8 Information regarding the languages which are available for the concluding of the agreement
German is the only language available for the concluding of the agreement.