ABG
General terms and conditions
§ 1 Scope of application, definitions
(1) The business relationship between JR Chains - Raphael Joos, In der Liberey 2, 97539 Wonfurt (hereinafter referred to as the "provider") and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
§ 2 Contractual partners
Contracts concluded via the online store on this website (http://www.jr-chains.de) are concluded with the provider.
§ 3 Conclusion of contract
(1) The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to submit an application.
(2) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. By clicking on the "Buy now" button, the customer accepts the terms and conditions of the contract, agrees to the GTC and confirms that he has taken note of the right of withdrawal and has thereby included these in his application.
(3) The provider then sends the customer an automatic order confirmation by e-mail, in which the customer's order is listed again. This automatic order confirmation documents that the customer's order has been received by the supplier and constitutes acceptance of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(4) The contract is concluded in German.
§ 4 Delivery
Delivery is only possible within Germany and the European Union.
§ 5 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 6 Prices and shipping costs
(1) All prices stated on the provider's website do not include VAT, as use is made of the small business regulation in accordance with § 19 Paragraph 1 UStG.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer. From an order value of EUR 150, the supplier delivers to the customer free of shipping costs within Germany.
(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
§ 7 Payment modalities
(1) The customer can pay by credit card, PayPal or instant bank transfer.
Credit card
When selecting the credit card payment method, the customer enters their credit card number, the name of the cardholder, the expiry date and the security code of the credit card in order to initiate the payment.
PayPal
During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered with PayPal, legitimize with their access data and confirm the payment instruction to the provider.
Instant bank transfer
During the ordering process, the customer is redirected to the Instant bank transfer by clicking on "Check order" in order to complete the purchase there.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(3) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
§ 8 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
§ 9 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of § 9 (1) and (2) also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from § 9 (1) and (2) shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 10 Cancellation policy
(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).
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, took possession of the goods. To exercise the right to cancel, you must inform us (JR Chains - Raphael Joos, In der Liberey 2, 97539 Wonfurt / raphael_joos@icloud.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
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.
(2) The provider provides the following information on the model withdrawal form in accordance with the statutory provisions:
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us.)
— To Raphael Joos, In der Liberey 2, 97539 Wonfurt / raphael_joos@icloud.com
— 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 paper notification)
- Date
(*) Delete what is not applicable
- End of Cancellation policy -
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(4) The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.