Terms of Service
Terms and Conditions are created by the generator of the German Lawyers Hotline AG contracting party
On the basis of these General Terms and Conditions (GTC) comes between the customer and JCB-International represented by Dr. Jens Hock Address: Bärenweg 35, 79110 Freiburg, Germany.
Tel: + 49 (0)761- 29082359 E-mail: info@jcb-international.com
Commercial register: Freiburg Commercial register number: Sales tax identification number: DE813556834, hereafter referred to as provider, the contract is concluded.
Contract
This agreement governs the sale of new and second-hand goods and services in the field of solar industry, chemicals, food, business development consulting via the Internet platform JCB-International.com and the provider’s online shop. Because of the details of the respective offer, reference is made to the product description of the offer page.
Conclusion
The contract is concluded in electronic commerce via the Internet platform or the shop system or via other means of distance communication such as telephone and e-mail. The presented offers represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.
The order process for the conclusion of the contract includes the following steps via the internet platform JCB-International and / or the shop system: Ordering via the shop or conclusion of business by e-mail or in another written form. The confirmation of the order for a placement / consulting order takes place via an offer and subsequent written confirmation. Orders via the shop are made in an automated manner, other orders must be in writing.
Orders for business mediation orders can be placed next to the shop system also via remote communication means (telephone / e-mail), whereby the order process to conclude the contract includes the following steps:
The orders by phone require the subsequent written confirmation. The orders or confirmation can be made in writing and also in the form of an e-mail.
By sending the order confirmation the contract is concluded.
Contract duration
The contract is concluded for an indefinite period of time or contractually stipulated in writing for the respective project.
Retention of title
Until full payment, the delivered goods remain the property of the provider. Mark studies and other information or reports produced by JCB-International remain the property of the provider until full payment.
Reservations
The provider reserves the right to provide an equivalent in quality and price performance. The service shown on the JCB International or in the shop is exemplary and does not represent the individual, contractual service. The provider reserves the right not to provide in the case of unavailability of the promised service.
Prices, shipping costs, return costs
All prices in the shop are final prices and include the legal value added tax. In addition to the final prices, depending on the shipping method, there are additional costs that will be displayed before the order is sent. If there is a right of withdrawal and is made of this use, the customer bears the cost of the return. The brokerage of transactions or other consulting services may necessitate an adjustment of the agreed contract price due to extensions of the service or unpredictable costs.
Terms of payment
The customer has only the following options for payment: advance transfer, invoice before delivery, partial payment according to project progress, upon delivery, cash on delivery, cash on collection. Further payment methods will not be offered and will be rejected. The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all details for the transfer and is sent with the delivery. In the case of delivery against cash on delivery the cash on delivery amount will be paid in cash to the deliverer, whereby the deliverer charges a COD charge. The invoice amount may also be paid in cash at the usual office hours, after deducting the shipping costs incurred in the business premises of the provider. The customer is obliged to pay or transfer the amount shown to the account indicated on the invoice within 14 days after receiving the invoice.
Payment is due without deductions from the date of invoice. After expiry of the term of payment, which is thus determined by the calendar, the customer is also in default without a reminder.
The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
Delivery terms
The goods will be shipped immediately after confirmed receipt of payment. The shipment takes place on average after 5 days at the latest. The entrepreneur undertakes to deliver on the 14th day after confirmed receipt of payment. The regular delivery time is 10 days unless otherwise stated in the item description. The supplier either ships the order from his own warehouse as soon as the entire order is in stock or the order is shipped from the manufacturer as soon as the entire order is in stock. If the supplier is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although an appropriate cover transaction has been made in good time, the supplier has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately and any services received, in particular payments, will be refunded. The brokering of transactions and the preparation of market surveys or similar reports, surveys and consulting services are stipulated in a separate contract which regulates the subject matter and the terms of payment individually.
Warranty
If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
The supplier is granted the right to choose between a repair or a new delivery if the goods are new and the customer is an entrepreneur.
If the customer is an entrepreneur, the warranty is excluded for second-hand goods. If the customer is a consumer, the warranty period for used goods is limited to one year.
This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.
Contracts
The provider grants the customer after prior consent a discount of 1,5% if payment is made within 3 days of invoicing.
If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods passes to the customer upon dispatch, with the delivery of the goods to the selected service provider.
The contract text is stored by the provider. The customer has no possibility to directly access the stored contract text himself.
Right of withdrawal and customer service
For customers who are entrepreneurs, the rules on distance contracts are not applicable. Therefore, it stands
these customers no corresponding right of withdrawal due to distance contract. The provider does not concede such a synonymous.
Disclaimer
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the agent and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Assignment and pledge ban
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, jurisdiction and applicable law
The contract is written in German. The further implementation of the contractual relationship takes place in German. As far as an English version or in another language the GTC or contracts exist, the German version is authoritative in case of doubt. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities of public law or special funds under public law is the domicile of the provider.
Data protection
In connection with the initiation, conclusion, settlement and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens in the context of the legal regulations. The provider does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly previously consented. If a third party is used for services in connection with the processing of processing, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of order will only be processed to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on as far as necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment details will be forwarded to the bank responsible for the payment. Insofar as the provider makes storage periods of a commercial or tax nature, the storage of some data may take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not allow for inferences on personal data and also do not intend, in particular IP address, date, time, browser type, operating system and pages visited, logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the legal provisions. Information about all personal data of the customer is possible against paiment of a fee. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
JCB International, Dr. Jens Hock, Bärenweg 35, D-79110 Freiburg, Germany,
+49 (0) 761 29082359 info@jcb-international.com
Severability clause
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO
The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. Note pursuant to section 36 (1) no. 2 VSBG: We would like to point out that we are in principle prepared to participate in dispute settlement proceedings before a consumer arbitration board. Consumers may contact the following consumer dispute resolution body:
General Consumer Arbitration Center of the Center for Arbitration eV Contact: Straßburger Straße 8, 77694 Kehl Phone: +49 7851 79579 40 Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de E-Mail: mail@verbraucher-schlichter.de
This arbitration board is a ‘general consumer arbitration board’ according to 4 para. 2 sentence 2 VSBG