General terms and conditions for consumers

 

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts for goods concluded exclusively via means of remote communication (e.g. by telephone, fax or via our online shop) between us, the  

Jeffo GmbH & Co KG
Adalbert-Stifter-Weg 29
85570 Markt Schwaben, 

Phone +49-(0)8121-7029999-0
Fax: +49-(0)8121-7029999-9
e-mail: shop@jeffo.de

 

registered in the Commercial Register of the Munich District Court under HRA 89946,
represented by managing director: Jeff Simpson, 
VAT identification no.: DE 253744052

 - hereinafter referred to as "Seller" - - 

and

You, as our Customer according to paragraph 1.4 of these GTC

 - hereinafter referred to as "Customer" - .

1.2 For the business relationship between the Seller and the Customer, the following GTC in their version valid at the time of the order, the written order confirmation and the Seller's declaration of acceptance shall apply in particular. Deviating general terms and conditions of the Customer will not be accepted unless the Seller expressly agrees to their validity.

1.3 Goods within the meaning of these GTC are all products and services that can be purchased within the scope of an order placed by means of remote communication, including in the online shop.

1.4 The following terms and conditions apply exclusively to customers acting in their capacity as consumers within the meaning of § 13 BGB (German Civil Code). The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

 

2. Conclusion of contract

2.1 The presentation and advertising of goods in the online shop or in advertising catalogues of the Seller do not constitute a binding offer by the Seller to conclude a sales contract, but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer can submit the binding offer by phone (+49-(0)8121-7029999-0), fax (+49-(0)8121-7029999-9) or via the online order form integrated in the Seller's online shop. In the online shop, the Customer can select goods from the Seller's product range and collect them in a virtual shopping cart by clicking on the "add to cart" button. By clicking on the button "order subject to payment", the Customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these GTC by clicking on the button "accept GTC" and thereby included them in his offer.

2.3 The Seller sends without delay the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out by using the "Print" function. The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the offer. 

2.4 The Seller may accept the Customer's offer within five (5) calendar days,

a) by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or

b) by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

c) by requesting the Customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth (5) calendar day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his offer.

2.5 With the order confirmation or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the Customer by the Seller on a durable data carrier (e-mail or paper printout) (contract confirmation). In addition, the text of the contract is stored by the Seller within the framework of the legal provisions and can be called up by the Customer via his password-protected Customer account by entering the relevant login data, provided that the Customer has created a Customer account in the Seller's online shop before sending his order in the online shop.

In addition, the Customer can contact the Seller by e-mail or telephone at shop@jeffo.de or tel. +49-(0)8121-7029999-0 and request a copy of the stored data.

2.6 For the conclusion of the contract the Customer can choose between German or English.

 

3. Prices and terms of payment, offsetting and right of retention 

3.1 The prices for the goods offered by the Seller are in EURO. They include the respective valid legal sales tax, which is shown separately on the invoice. Shipping costs are charged additionally.

3.2 The shipping costs are indicated in our price information in our online shop. The total price, including sales tax and shipping costs, is displayed in the order form before the Customer sends the order. The shipping is done by mail. The Seller bears the shipping risk.

3.3 If the Seller fulfils the order in accordance with Section 4.1 by making partial deliveries, the Customer shall only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request of the Customer, the Seller may charge shipping costs for each partial delivery.

3.4 Unless otherwise agreed, the payment of the total price is due upon conclusion of the contract (except for payment by invoice). The Customer can pay by invoice, by credit card, by advance payment via bank transfer, direct debit or PayPal. The Seller reserves the right to offer only certain payment methods in individual cases. The time of payment/debit varies depending on the means of payment:

a) Payment by credit card: The credit card will be debited upon conclusion of the contract.

b) Payment with PayPal: The PayPal account will be debited upon conclusion of the contract.

c) Payment by invoice: The invoice amount is due 10 days after receipt of the last goods and receipt of invoice. 

d) In the case of a granted direct debit authorization, the Seller will arrange for the debit of the Customer's account upon conclusion of the contract.

e) Prepayment by bank transfer: payment is due immediately after conclusion of the contract, unless a later due date has been agreed.

3.5 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

3.6 The Customer is not entitled to offset against claims unless his counterclaims have been legally established or are undisputed. The Customer is also entitled to offset against claims of the Seller if the Customer makes complaints or counterclaims from the same purchase contract.

3.7 The Customer may only exercise a right of retention if the counterclaim arises from the same purchase contract. 

 

4. Delivery

4.1 The Seller is entitled to make partial deliveries and render partial services as far as this is reasonable for the Customer.

4.2 Delivery times indicated by the Seller are calculated from the time of the order confirmation, provided that the total price has been paid in advance (except for payment by invoice). If no delivery time or no different delivery time is or was specified for the respective goods in the online shop of the Seller or via the means of remote communication used, it shall be 7 calendar days.

4.3 If no items of the product selected by the Customer are available at the time of the Customer's order, the Seller shall immediately inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded. If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. 

4.4 The following delivery restrictions apply: The Seller only delivers to Customers who have their habitual residence (invoice address) in one of the following countries and who can provide a delivery address in the same country: All member states of the European Union, Switzerland, Great Britain, Andorra, Bosnia-Herzegovina, Iceland, Israel, Japan, Liechtenstein, Northern Macedonia, Norway, Moldova, Monaco, San Marino, Serbia, Turkey, Ukraine, Vatican City State, Belarus.             

 

5. Defects of quality and title, warranty

5.1 The Seller is liable for material defects and defects of title according to the legal regulations applicable for this purpose, in particular §§ 434?et seq. BGB (German Civil Code). The limitation period for legal claims for defects is two years and begins with the delivery of the goods.

5.2 An additional guarantee only exists for the goods delivered by the Seller if this was expressly stated in the order confirmation for the respective item.

 

6. Liability

6.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages of the Customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the Seller, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely. 

6.2 In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health. 

6.3 The restrictions of clauses 6.1 and 6.2 shall also apply in favour of the legal representatives and vicarious agents of the Seller if claims are made directly against them.

6.4 The limitations of liability resulting from Sections 6.1 and 6.2 shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the German Product Liability Act shall remain unaffected.

 

7. Right of withdrawal

7.1 The Customer has a legal right of withdrawal upon conclusion of a distance selling transaction, about which the Seller informs in the following according to the legal sample. Exceptions to this rule are set out in clause 7.2. 7.3 contains a sample revocation form

The English version is a translation by the Seller of the legal sample text.

 

- WIDERRUFSBELEHRUNG -

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angaben von Gründen diesen Vertrag zu widerrufen.

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die letzte Ware in Besitz genommen haben bzw. hat.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns, Jeffo GmbH & Co. KG, Adalbert-Stifter-Weg 29, 85570 Markt Schwaben, Tel.: +49-(0)8121-7029999-0, Fax: +49-(0)8121-7029999-9, E-Mail: shop@jeffo.de, mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstige Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrages bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Wir können die Rückzahlung verweigern, bis wir die Ware wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist.

Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrages unterrichten, an uns zurückzusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden.

Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.

Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist

- ENDE DER WIDERRUFSBELEHRUNG -

 

- REVOCATION INSTRUCTION -

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the last goods.

In order to exercise your right of revocation, you must inform us, Jeffo GmbH & Co KG, Adalbert-Stifter-Weg 29, 85570 Markt Schwaben, Tel. : +49-(0)8121-7029999-0, Fax: +49-(0)8121-7029999-9, E-Mail: shop@jeffo.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form, but this is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of 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; in no case will you be charged for this repayment.

We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is 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. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their nature, properties and functioning

- END OF THE REVOCATION INSTRUCTION -

 

7.2 The right of revocation does not exist or expires for distance contracts

a) for the supply of goods that are not prefabricated and the production of which is governed by an individual choice of or decision by the Customer, or that are clearly tailored to the personal needs of the Customer;

b) for the supply of goods which are highly perishable, or which may quickly pass their expiration date;

c) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery;

d) for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items.

7.3 About the sample revocation form the Seller informs according to the legal regulation as follows. The English version is a translation by the Seller of the legal sample text.

- MUSTER-WIDERRUFSFORMULAR -

(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)

 

- An Jeffo GmbH & Co. KG, Adalbert-Stifter-Weg 29, 85570 Markt Schwaben, Fax: +49-8121-70299999, E-Mail: shop@jeffo.de

- Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/ die Erbringung der folgenden Dienstleistung (*)

- Bestellt am (*)/erhalten am (*)

- Name des/der Verbraucher(s)

- Anschrift des/der Verbraucher(s)

- Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

- Datum

 

(*) Unzutreffendes streichen

 

- ENDE MUSTER-WIDERRUFSFORMULAR -

- SAMPLE REVOCATION FORM -

 

(If you want to cancel the contract, please fill out this form and send it back).

 

- To Jeffo GmbH & Co KG, Adalbert-Stifter-Weg 29, 85570 Markt Schwaben, Fax: +49-8121-70299999, E-Mail: shop@jeffo.de

- 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 in case of communication on paper)

- Date

 

(*) Delete as appropriate

 

- END SAMPLE REVOCATION FORM -

 

8. Retention of title

The delivered goods remain the property of the Seller until full payment has been made.

 

9. Applicable law, dispute resolution 

9.1 The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customers, excluding 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 state in which the Customer as a consumer has his habitual residence, shall remain unaffected.

9.2 Settlement of disputes: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

Status: June 2020

Sales and Distribution