Terms and Conditions (GTC)
As of November 14, 2019
1. Scope, deadlines
1.1 The business transaction and delivery takes place exclusively according to the present terms and conditions. General terms and conditions that contradict or deviate from the following provisions do not apply.
1.2 The customer is a "consumer" insofar as the purpose of the order cannot be attributed to a commercial, independent or freelance activity. In contrast, "entrepreneur" is any natural or legal person or partnership with legal capacity who, when entering into the contract, is acting in the course of their commercial or independent professional activity.
1.3 If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays for our headquarters.
2. Registration
2.1 When entering your personal data required for registration, you are responsible for providing truthful and complete information. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. Confirmation of the registration follows immediately after submitting the registration.
2.2 We are not obliged to accept the registration or the order of a registered customer. We are not obliged to keep our offer permanently available. Orders that have already been confirmed remain unaffected.
3. Possibility to save and view contract text
3.1 You can view our terms and conditions at any time via a link.
You can also print or save this document using the normal functionality of your Internet service program.
3.2 You can view your order history at any time under "My account". In addition, you will receive an automatic order confirmation, which we will also send you by email after the completion of your order to the email address you provided. This order confirmation email contains the data of your order again and can be printed out or saved with your email program.
3.3 Your order data will be saved, but for security reasons you will not be able to call it up immediately. We offer password-protected direct access ("My Account") for every customer. If you register accordingly, you can view data about your completed, open and recently sent orders and manage and save your account settings and address data. If you order as a guest, you do not have access to a personal customer account. In this case, you will only receive information about your order by email.
4. Language and conclusion of contract
4.1 Contracts can only be concluded in the following languages: DE. We do not offer products for purchase by minors. If you are under the age of 18, the participation of the legal guardian is required.
4.2 By clicking the button "Order with payment" you place a binding order for the items contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent. All products are only sold in normal household quantities.
4.3 A binding contract is only concluded when a separate order is received, but at the latest when the ordered goods are delivered.
4.4 Please note that the delivery of the ordered goods in advance (reservation) takes place only after the full amount has been credited to our account. If, despite the due date, we still do not receive your payment within 7 calendar days after the order confirmation has been sent, we will withdraw from the contract with the result that your order is no longer valid and we are not obliged to deliver. The order is then completed for you and for us without any further consequences. A reservation of the item with prepayment is therefore made for a maximum of 7 calendar days. Then we withdraw from the contract with the result that your order is no longer valid and there is no obligation to deliver. The order is then completed for you and for us without any further consequences.
5. Delivery / prices / shipping costs
5.1 The delivery options and times are indicated on our website or in the shopping cart. Our information in our order acceptance for your respective order is exclusively binding.
5.2 The prices shown include VAT. Any shipping costs incurred will be shown separately in the shopping cart during the ordering process when selecting the shipping options and before the final order.
6. Payment arrangements
6.1 Payment methods and methods for your order will be given on our website. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Our information in our order acceptance for your respective order is only binding. Any fees incurred are bindingly shown in the shopping cart when selecting the payment options and before the final order is placed.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, he has to pay us default interest in the amount of 5 percentage points above the base rate.
6.3 The customer's obligation to pay default interest does not preclude us from asserting further default damages.
7. Retention of title
7.1 The goods remain our property until full payment has been made.
8. Liability for defects, guarantee
8.1 We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. Compared to entrepreneurs, the warranty obligation for items delivered by us is 12 months.
8.2 There is only an additional guarantee for the goods delivered by us if this has been expressly given in the order confirmation for the respective article.
9. Warranty, liability
Unless otherwise agreed, the guarantee and liability are based on the statutory provisions.
Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of 40.00 Euro or if you have not received the consideration for a higher price of the item at the time of the revocation or have made a contractually agreed installment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
10. Applicable law / place of jurisdiction
10.1 The law of the Federal Republic of Germany applies to contracts between us and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is a company, 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 is our place of business.
10.2 Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
11. Changes to the general terms and conditions
We are entitled to unilaterally change these terms and conditions - insofar as they are introduced into the contractual relationship with the customer - insofar as this is necessary to eliminate subsequent equivalence disorders or to adapt to changed legal or technical framework conditions. Before each new order, you must agree to the current terms and conditions by actively clicking on them.
12. Severability clause
Should individual provisions of the contract, including these provisions, be or become ineffective in whole or in part, or should the contract have an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective statutory regulations take the place of the ineffective or missing provisions.
13. Information on data processing
We treat the data received from us in the context of your order responsibly in accordance with our "data protection declaration".
14. Right of withdrawal
14.1 Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must inform us, Jennifer Seidensticker, of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, but this is not mandatory. The declaration should be sent to:
Jennifer Seidensticker
Karl-Siebert-Str 14
51069 Cologne
seidensticker@jemako-mail.com
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within 14 days from the day on which we receive the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the 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 event no later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14 day period has expired.
You 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 that is not necessary for checking the nature, properties and functionality of the goods.