General terms and conditions of business, delivery terms and consumer information within the scope of purchase contracts entered into between JOWO BERLINER SCHREIBFEDER GMBH, Wolfener Str. 36 - 12681 Berlin, Germany ("Seller" herein) and the customer ("Customer" herein).
(1) Subject to individual arrangements and agreements, which have priority over these GTC, the following General Terms and Conditions of Business apply exclusively to the business relationship between Seller and Customer. Unless otherwise agreed, Customer's own terms and conditions are precluded from inclusion.
(2) Customer is a consumer if he enters into the contract for purposes which are primarily attributable neither to his trade nor to his independent profession. In contrast, an entrepreneur is any natural person, legal entity or partnership with legal capacity, who, in entering into a legal transaction, acts in the exercise of his or its trade or independent profession.
(1) The contract is entered into with:
JOWO BERLINER SCHREIBFEDER GMBH
(2) The essential characteristics of the goods are found in the respective product description.
(3) Purchase in the online shop: All offers in Seller's online shop merely constitute a non-binding invitation to Customer to submit a corresponding purchase offer to Seller. As soon as Seller has received Customer's order, Customer is first sent a confirmation concerning his order with Seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. Upon receipt of Customer's order, Seller will quickly review it and inform Customer within two business days whether it accepts the order (order acceptance). The ordering process in Seller's online shop functions as follows:
Customer may select products from Seller's product range and collect them in a so-called shopping cart through the button "add to cart." By clicking on the "MY CART" button, Customer will receive a summary of the selected products. Through the "buy now" button, Customer submits a binding offer to purchase the goods that are in the shopping cart. Before submitting the order, Customer can modify and view the inputted order and data at any time through the "back" and "forward" browser functions that are depicted as arrow keys. The offer can only be submitted and transmitted if Customer accepts these terms and conditions by clicking on the "accept GTC" button and thereby incorporates them into his offer. Seller thereupon sends an automatic confirmation of receipt to Customer by e-mail, in which Customer's order is recited again and which allows Customer to print it through the "print" function. The automatic confirmation of receipt merely documents that Customer's order has been received by Seller and constitutes no acceptance of the offer. The contract is not formed until Seller delivers the acceptance, which is sent by a separate e-mail.
(1) The subject matter of the contract is the goods and services that are specified by Customer in the order and recited in the order confirmation and/or acceptance at the final prices recited in the online shop. Mistakes and errors there are subject to correction, especially anything to do with availability of goods.
(2) The properties of the ordered goods are found in the product descriptions in the online shop. Images on the website may in some circumstances display the products only imprecisely; for technical reasons, colors in particular may differ considerably. Pictures serve merely as visual aids and may differ from the product. Technical data and descriptions of weight, dimensions and performance are indicated as precisely as possible, but may exhibit customary deviations. The qualities described here do not constitute defects in the products delivered by Seller.
(3) If no units of the selected product are available at the time of Customer's order, Seller shall inform Customer of this in the order acceptance. If the product is permanently out of stock, Seller will refrain from delivering an acceptance. No contract comes into being in such case.
(4) If the product which Customer has designated in the order is only temporarily unavailable, Seller will likewise immediately inform Customer of this in the order acceptance. If there is a delay in delivery of more than two weeks, Customer has the right to rescind the contract. In such case, Seller is otherwise also entitled to back out of the contract. Here Seller will promptly reimburse any payments which Customer has already made.
(1) Delivery to the shipper will occur no later than two days after receipt of payment; if the goods are picked up at Seller, the goods will be handed over concurrently with payment of the purchase price. The delivery time for deliveries within the EU amounts to up to five days. Seller will indicate any differing delivery times on the respective product page.
(2) If Customer is an entrepreneur, Seller shall be liable for failure to comply with delivery periods only if there has been an express written commitment to a delivery period and to the extent that Seller is at fault. However, a reasonable grace period of at least four weeks must initially be granted in any event.
(3) If Customer is an entrepreneur, Seller is entitled to make partial deliveries due to limited production capacities in the case of custom-made products unless the partial delivery is unreasonable for Customer.
(4) The stated prices are retail prices, plus shipping and handling.
Payment is made through PayPal, bank transfer or credit card (VISA, MASTERCARD, AMERICAN EXPRESS), SOFORT Banking online shopping payment or payment of cash when picking up the goods.
(1) If Customer is a consumer, it is requested that he immediately complain of obvious damage in transit with the delivery agent and contact Seller as quickly as possible. Failure to complain or to contact Seller has no consequences of any kind for Customer's statutory warranty rights, but the contact would help enable Seller to make its own claims against the carrier or shipping insurance.
(1) The warranty for defects follows the applicable statutory provisions, particularly §§ 434ff. of the German Civil Code (Bürgerliches Gesetzbuch – BGB) and 633ff. BGB and these GTC, particularly § 9.
(2) A warranty exists for the goods supplied by the vendor only if it was expressly indicated in the order acceptance for the respective article.
(3) If Customer is an entrepreneur, the assertion of warranty rights presupposes that Customer has met his statutory obligations to inspect and complain, which are owed under § 377 of the German Commercial Code (Handelsgesetzbuch – HGB). If a defect is apparent upon inspection or subsequently, Seller must be promptly notified of this in writing. If Customer fails to perform the inspection properly and/or give notification of defects, Seller's liability is excluded for unreported defects.
(1) The delivered goods remain the property of Seller until full payment is made.
(2) If Customer is an entrepreneur, Seller retains title to the delivered goods until full payment of all claims arising under the contract for delivery. The customer is authorized to resell the goods which are subject to retention of title in the ordinary course of business. The retention of title also extends to the full value of the products that result from processing, commingling or combination of the goods, in which case Seller is deemed to be the manufacturer. If, in the case of processing, commingling or combination with third-party goods, third parties retain title, Seller acquires joint ownership in relation to the invoice values of the processed, commingled or combined goods. Otherwise, the same applies to the resulting product as it does to goods that are delivered subject to retention of title. Customer herewith assigns to Seller the receivables from the purchaser arising from the resale of goods that are subject to retention of title. This assignment shall be effective regardless whether the item purchased has been resold without or following processing.
(3) If Customer is an entrepreneur, in the case of goods that have been custom-manufactured for Customer, defects shall be cured through repair or replacement at the election of Seller. Seller is entitled to refuse to cure until the purchase price owed has been paid unless Seller is contractually obligated to deliver in advance. Customer must give Seller the time and opportunity needed to effect the cure that is owed; he must, in particular, surrender the goods complained of for purposes of inspection. In the case of replacement, Customer shall return the defective article to Seller in accordance with the statutory provisions. Cure includes neither the removal of the defective article nor reinstallation if Seller was not originally obligated to install the article.
(1) Seller is liable for the purchaser's losses through Seller's intentional or grossly negligent conduct, for personal injuries, and losses under the Product Liability Act (Produkthaftungsgesetz) in accordance with statutory provisions. This also applies to losses caused by Seller's agents.
(2) In case of ordinary negligence, Seller is liable only
a) for losses arising from an injury to life, limb or health,
b) for losses arising from the breach of a material contractual obligation (an obligation whose fulfillment makes the proper performance of the contract at all possible and upon whose fulfillment the contracting party regularly does and may rely); in such case, however, Seller's liability is limited to reimbursement of foreseeable, typically incurred loss.
(3) If the delivered goods have been produced according to Customer's designs or instructions, the risk whether the goods are usable shall be borne solely by the purchaser. Seller expressly does not verify the correctness of the dimensions and calculations submitted by the purchaser or the purchaser's intended functionality of the goods.
(4) If the delivered goods have been produced according to Customer's designs or instructions, Seller assumes no liability for ensuring that the goods it delivers do not infringe any third-party industrial property rights. Customer warrants that the data communicated to Seller and the custom-made products produced based on the data are free of third-party rights. Customer shall indemnify Seller upon the first demand for all claims lodged by third parties which are based on infringements of industrial property rights. The indemnification shall also include reimbursement of the costs Seller incurs or has incurred through the prosecution or defense of an action.
The contract text is stored on Seller's internal systems. Customer can read the General Terms and Conditions of Business at any time in his customer account. The order data and the GTC are sent to Customer by e-mail. After completion of the order, for security reasons, the order data are no longer accessible through the Internet.
§ 11 Out-of-court dispute resolution / Alternative dispute resolution puruant to Art. 14 para. 1 ODR-VO and § 36 VSBG
The EU Commission has created an online platform for dispute resolution (“ODR platform”) that, according to the Commission it is available at http://ec.europa.eu/consumers/odr/. If the customer is a consumer living in the European Union, this platform can be used to resolve disputes regarding contractual obligations from online contracts out of court. We are ready to participate in an out-of-court arbitration process.
Furthermore we are obligated to inform you of the existence of this ODR platform and in this context also of our email address "firstname.lastname@example.org".
(1) The contract language is German.
(2) The law of the Federal Republic of Germany, excluding the laws on the international sale of goods, applies to contracts between the Seller and Customer. This choice of law applies to consumers only, provided that the protection granted to Customer is not revoked by compulsory provisions of the law of the State of the consumer's habitual residence.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the judicial venue for all disputes arising from contractual relations between Customer and Seller is the locale of Seller's registered office. This also applies if Customer has no general judicial venue within Germany or the EU or his habitual residence is unknown at the time the action is filed.
(End of the GTC)