General Terms & Conditions of Jetworx GmbH
Table of Contents
1. Area of Applicability
2. Contract Conclusion
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery Conditions
6. Retention of Ownership
7. Liability for Defects (Warranty)
9. Special Conditions for the Modification of Goods According to Customer Specifications
10. Redeeming Campaign Vouchers
11. Redeeming Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Means of Dispute Resolution
1) Area of Applicability
1.1 The General Terms and Conditions (referred to hereinafter as “the Terms”) of Jetworx GmbH apply to all contracts involving the delivery of goods that are concluded between a consumer or entrepreneur (hereinafter: “the Customer”) and Jetworx GmbH (hereinafter: “the Vendor”) through its online shop. The Vendor hereby rejects any additional conditions put forth by the Customer unless other arrangements have been made.
1.2 These Terms apply accordingly to the delivery of vouchers provided that no deviating conditions have been arranged.
1.3 Within the meaning of these Terms, a consumer is any natural person who completes a legal transaction for purposes that cannot be predominantly ascribed to his or her professional occupation as an employee or independent contractor. Within the meaning of these Terms, an entrepreneur is any natural person, legal entity, or legally empowered partnership that acts in its capacity as a commercial or independently contracted entity when completing a legal transaction.
2) Contract Conclusion
2.1 The product descriptions provided in the Vendor’s online shop do not constitute binding offers on the part of the Vendor. They are intended as a means of enabling the Customer to submit a binding order.
2.2 The Customer can submit an order by means of the online order form that is integrated into the Vendor’s online shop. After placing the goods selected into the virtual shopping cart and proceeding through the electronic ordering process, the Customer can submit a legally binding contractual offer pertaining to the goods in the shopping cart by clicking a button to complete the order in question. Alternatively, the Customer can submit the order to the Vendor by telephone, fax, e-mail, or conventional mail, or using the Vendor’s online contact form.
2.3 The Vendor may accept the Customer’s order within five days by any of the following means:
• By issuing an order confirmation to the Customer in writing or another form of text (i.e. fax or e-mail), whereby the Customer’s receipt of said order confirmation will be considered definitive
• By delivering the ordered goods to the Customer, whereby the Customer’s receipt of said goods will be considered definitive
• By requesting that the Customer render payment for the order in question
Should several of the aforementioned events occur, the contract in question will be considered concluded at the point in time in which the first of said events occurs. The period in which the order may be accepted will begin on the day after the order is submitted by the Customer and end at the end of the fifth day after the order is submitted. If the Vendor does not accept the Customer’s order within the aforementioned period, this will be considered a rejection of the order and the Customer will no longer be bound to the declaration of intent said order represents.
2.4 When an order is submitted via the Vendor’s online ordering form, the text of the corresponding contract will be stored by the Vendor and issued to the Customer along with these Terms in a text-based format (e.g. e-mail, fax, or letter). Once the order has been submitted, however, the Customer will no longer be able to access the contractual text through the Vendor’s website.
2.5 Before submitting a binding order via the Vendor’s online ordering form, the Customer can identify potential mistakes in the information entered by carefully checking it on-screen. Here, the option to zoom in on the content displayed in a web browser can be an effective means of recognizing entry errors. The Customer can use his or her keyboard and mouse to correct entries during the electronic ordering process before completing said process by clicking the appropriate button.
2.6 For the purpose of concluding contracts, German is the only available language.
2.7 Order processing and communications typically take place automatically or by e-mail. The Customer must ensure that the e-mail address he or she has provided for the purpose of order processing is correct so that he or she can receive e-mails from the Vendor. In particular, the Customer is to ensure that all e-mails sent by the Vendor (or by a third party that has been commissioned to process orders) will be properly received even if the Customer uses means of blocking unsolicited e-mail (“spam”).
3) Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period amounts to 14 days from the day on which you or a third party designated by you (other than the carrier) took possession of the goods in question. For orders that are delivered separately, the withdrawal period amounts to 14 days from the day on which you or a third party designated by you (other than the carrier), took possession of the final delivery. In order to exercise your right of withdrawal, you must inform us (Jetworx GmbH, Weidenallee 24a, 20357 Hamburg, Germany) by means of a clear declaration (e.g. by sending an e-mail to email@example.com, using the contact form on our website, or by post or fax) of your decision to withdraw from the contract. If you wish, you can download a sample withdrawal form (click the button at the bottom of this page), fill it in, and send it to us. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt. In order to comply with the withdrawal period, you need only inform us that you are exercising your right of withdrawal before the end of said period.
3.1 Consequences of withdrawal
If you withdraw from this Agreement, we will reimburse you for all payments we have received from you (including delivery charges, with the exception of any additional charges arising from your choosing a method different from the cheapest standard delivery offered by us) immediately, or no later than 14 days after the date on which we receive notice of your withdrawal from this Agreement. In doing so, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to provide any refund until we have received the goods or you have provided proof that you have returned the goods (whichever occurs first). You must return or hand over the goods to us immediately, or no later than 14 days after the date on which you notify us of the cancellation of this Agreement. This period will be deemed to have been observed if you send the goods before the 14-day period expires. You must bear the direct costs of returning the goods.
4) Prices and Payment Conditions
4.1 Unless otherwise indicated in the respective product descriptions provided by the Vendor, the prices listed are total prices that include the value-added tax required by law. Any additional delivery fees will be indicated separately in the relevant product descriptions.
4.2 In some cases involving deliveries to countries outside of the European Union, additional costs may be incurred that must be borne by the Customer. These include, for example, costs involved in transferring funds through financial institutions (transfer fees, currency exchange fees, etc.) or applicable taxes or duties (e.g. customs charges). Costs of this nature may also be incurred in transferring funds when the goods in question are to be delivered within the European Union, but the Customer renders payment from a country outside of the European Union.
4.3 The Vendor’s online shop will notify the Customer of the method(s) of payment at his or her disposal.
4.4 If payment is to be made in advance via bank transfer, this payment will be due immediately upon conclusion of the corresponding contract, provided that the Parties have not agreed to a later payment date.
4.5 If payment is to be made via a method provided by the payment service provider PayPal, said payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) in accordance with PayPal’s user agreement (available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) or, if the Customer does not have a PayPal account, in accordance with PayPal’s terms for payments without an account (available at https://www.paypal.com/uk/webapps/mpp/ua/guest-tnc).
4.6 If one of the RatePAY payment methods offered by the Vendor is selected (e.g. open invoice, prepayment, direct debit, or installments), the payment in question will be processed via the service provider RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin, Germany (hereinafter: “RatePAY”). The Vendor’s website will indicate which RatePAY payment methods are available in each individual case. The payment claim to which the Vendor is entitled when the Customer uses a RatePAY payment method will be ceded by the Vendor to RatePAY; if the Customer chooses to pay in installments, the Vendor will cede the corresponding claim to Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany. In order to discharge a corresponding debt, the Customer must render payment solely to RatePAY (or to Wirecard Bank AG in the case of installments, provided this option is offered). The Vendor will, however, remain
responsible for general customer inquiries (regarding products, delivery schedules, shipping, returns, complaints, declarations of withdrawal and related consignments, or vouchers, for example). The use of one of the RatePAY payment methods offered by the Customer will be subject to a credit check on the part of RatePAY. Should the result of this credit check be negative, the Vendor hereby reserves the right to deny the Customer the use of the payment method selected and to propose an alternative method. Furthermore, such payments are subject to the RatePAY Terms of Payment (https://www.ratepay.com/zusaetzliche-geschaeftsbedingungen-und-datenschutzhinweis), which the Customer can access during the ordering process.
5) Delivery Conditions
5.1 Goods will be delivered to the address specified by the Customer provided that no other arrangements are made.
5.2 Should the shipping company in question return issued goods to the Vendor because said goods could not be delivered to the Customer, the Customer will bear the cost of the failed delivery. This will not apply if the Customer is not liable for the circumstances that resulted in the failed delivery or the Customer was temporarily unable to accept said delivery, unless the Vendor provided a reasonable amount of notice prior to said delivery. Furthermore, the Customer will not be responsible for the costs of delivery if he or she has properly exercised his or her right of withdrawal. If the Customer properly exercises his or her right of withdrawal, the provisions pertaining to the costs of returning goods in the Vendor’s notice regarding the right of withdrawal apply.
5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss of or damage to the goods sold will be borne by the Customer as soon as the Vendor has handed over said goods to the shipping company, the forwarding agent, or another individual or entity commissioned to carry out the delivery. If the Customer is acting as a consumer, the risk of accidental loss of or damage to the goods sold will, in principle, not be borne by the Customer (or another person authorized to receive said goods) until said goods are delivered. However, the risk of accidental loss of or damage to the goods sold will also be borne by the Customer as soon as the Vendor has handed over said goods to the shipping company, the forwarding agent, or another individual or entity commissioned to carry out the delivery even if the Customer is acting as a consumer if the Customer commissions a shipping company, forwarding agent, or other person or entity that was not previously provided to the Customer by the Vendor.
5.4 The Vendor hereby reserves the right to withdraw from this Contract should the Customer manage the delivery process in an incorrect or otherwise improper manner. This only applies to cases in which the Vendor is not liable for the failure of delivery and has exercised due diligence in making specific coverage arrangements with the delivery service in question. The Vendor will make every reasonable effort to procure the goods in question. If said goods or any portion thereof prove to be unavailable, the Vendor will inform the Customer and immediately reimburse any payment that has already been rendered.
5.5 If the Customer has chosen to pick up the goods in question in person, the Vendor will initially provide an e-mail notification stating that said goods are ready to be picked up. After receiving this e-mail and coordinating with the Vendor, the Customer may take receipt of the goods at the Vendor’s headquarters. Delivery costs will not be assessed in such cases.
5.6 When appropriate, vouchers will be provided to the Customer as follows:
• In a downloadable format
• By e-mail
• By conventional mail
6) Retention of Ownership
6.1 If the Customer is acting as a consumer, the Vendor will retain ownership of the goods to be delivered until the full purchase price has been paid.
6.2 If the Customer is acting as an entrepreneur, the Vendor will retain ownership of the goods to be delivered until all the claims resulting from its relationship with the Customer have been settled.
6.3 If the Customer is acting as an entrepreneur, he or she has the right to resell goods that are subject to the retention of ownership in the course of regular business operations. The Customer will cede any and all resulting claims involving third parties to the Vendor in advance in the amount of the respective invoice (including VAT). The obligation to cede these claims applies regardless of whether modifications are made to goods that are to be resold. While the Customer will remain authorized to collect such claims even after ceding them, this will not affect the Vendor’s right to collect said claims of its own accord. The Vendor will not, however, collect such claims as long as the Customer fulfills its payment obligations to the Vendor, does not fall into arrears, and does not file for bankruptcy.
7) Liability for Defects (Warranty)
If a purchased item proves defective, the warranty regulations provided for by law apply. The exceptions to this provision are as follows:
7.1 If the Customer is acting as an entrepreneur:
• The Vendor may choose the manner of rectification.
• The limitation period for defects will amount to one year for new goods starting from the time at which risk is passed.
• The rights and claims pertaining to defects are, in the case of used goods, excluded in principle.
• The limitation period will not start again if replacement goods are delivered in connection with the Vendor’s liability for defects.
7.2 If the Customer is acting as a consumer, the following provisions apply (with the limitations described under 7.3 below): Claims regarding defects that occur after one year has passed since the respective goods were delivered are excluded. Claims may be asserted regarding defects that occur no later than one year after the respective goods were delivered, provided that the limitation period provided for by law is observed.
7.3 The limitations of liability and shortened periods described above do not apply to the following:
• Items that have been used in a manner typical of their respective constructions, which were the cause of their defectiveness
• The compensation to which the Customer is entitled for damages and expenses
• Cases in which the Vendor knowingly deceived the Customer by concealing defects
7.4 Furthermore, the limitation periods to which entrepreneurs are entitled with regard to regress pursuant to § 478 of the German Civil Code (BGB) remain unaffected.
7.5 If the Customer is acting as an entrepreneur within the meaning of § 1 of the German Commercial Code (HGB), he or she is subject to obligations regarding the inspection of goods and the filing of related complaints pursuant to § 377 of the German Commercial Code. Should the Customer fail to meet the obligations of disclosure described therein, the goods in question will be considered accepted.
7.6 If the Customer is acting as a consumer and receives any goods that have been visibly damaged in transit, he or she is asked to file a complaint with the corresponding delivery service and to notify the Vendor accordingly. Should the Customer fail to do so, this will not affect the warranty to which he or she is entitled by law or the corresponding contract.
Based on all the applicable contractual, quasi-contractual, legal, and tortious claims to compensation for damages and expenses, the Vendor is hereby liable to the Customer as follows:
8.1 Regardless of the legal basis at hand, the Vendor will assume unlimited liability under the following circumstances:
• Those involving gross negligence or willful intent
• Those involving injury to life, body, or health due to gross negligence or willful intent
• Said liability is based on a promised guarantee, provided that no other arrangements have been made in this regard.
• Said liability is mandatory based, for example, on the German law regarding product liability (Produkthaftungsgesetz).
8.2 Should the Vendor exhibit gross negligence in violating an essential contractual obligation, the resulting liability will be limited to the foreseeable amount of damage typical of similar contracts unless any of the provisions above call for unlimited liability. Essential contractual obligations are those to which the contract in question binds the Vendor in order to fulfill the purpose of the contract, those that facilitate the proper fulfillment of the contract in the first place, and those with which the Customer can consistently rely on the Vendor to comply.
8.3 In all other cases, any liability on the part of the Vendor is excluded.
8.4 The above provisions regarding liability also apply with respect to the Vendor’s liability for the actions of its assistants and legal representatives.
9) Special Conditions for the Modification of Goods According to Customer Specifications
9.1 Should the Vendor be responsible for not only delivering certain items, but also modifying them according to the Customer’s specifications based on the content of the contract in question, the Customer is to provide the Vendor with any and all materials (such as texts or images) required for said modifications in the formats, image resolutions, and file sizes requested by the Vendor and to grant the Vendor any necessary usage rights in this regard. The Customer alone is responsible for procuring such materials and the respective rights to them. The Customer hereby declares that in such cases, he or she will hold the rights to any such materials that are provided to the Vendor and will bear the corresponding responsibility. In particular, the Customer will ensure that the rights of third parties – especially copyrights, trademarks, and personal rights – are not violated in this regard.
9.2 The Customer hereby releases the Vendor from any claims that third parties could assert with the Vendor should their rights be violated in the course of the Vendor’s contractual use of the materials provided by the Customer. In such cases, the Customer will also bear the costs of the legal defense required to a reasonable extent, including all court costs and attorney’s fees in the respective amounts provided for by law. This does not apply to cases in which the Customer is not responsible for the violation at hand. Should a third party file a corresponding request, the Customer is hereby obligated to immediately provide the Vendor with any and all information that is required to assess the third party’s claims and organize a corresponding defense. The Customer must also ensure that this information is truthful and complete.
9.3 The Vendor hereby reserves the right to refuse requests for modifications should the related materials provided by the Customer be morally objectionable or violate any laws or official bans. This applies in particular to materials that are racist, xenophobic, discriminatory, offensive, unconstitutional, and/or of a nature that glorifies violence or endangers young people.
10) Redeeming Campaign Vouchers
10.1 Vouchers that are granted by the Vendor free of charge for a specific period of validity in the course of advertising campaigns and cannot be purchased by the Customer (hereinafter: “campaign vouchers”) may only be redeemed in the Vendor’s online shop within the respective validity period.
10.2 Specific products may be excluded from voucher campaigns as long as the wording of the campaign voucher in question provides for a corresponding limitation.
10.3 Campaign vouchers may only be redeemed prior to completion of the ordering process. They may not be used to offset a purchase price after the fact.
10.4 Only one campaign voucher may be redeemed for each order.
10.5 The price of the goods to be purchased must be at least equal to the value of the campaign voucher in question. If any amount of the voucher remains unused, it will not be paid out by the Vendor.
10.6 If the value of the campaign voucher to be redeemed does not cover the amount of the order in question, one of the payment methods offered by the Vendor may be selected to pay the remaining difference.
10.7 The value of campaign vouchers will neither be paid out in cash nor made subject to interest.
10.8 If the Customer exercises his or her statutory right of withdrawal in returning goods that have been partially or fully paid for using a campaign voucher, said voucher will not be reimbursed.
10.9 Campaign vouchers are transferable. The Vendor can discharge its corresponding obligations by providing services to the campaign voucher owner who redeems said voucher in the Vendor’s online shop. This does not apply to cases in which the Vendor is aware (or unaware due to its own gross negligence) that the campaign voucher owner is not authorized to redeem said voucher, legally incapable, or not in possession of corresponding representative authority.
11) Redeeming Gift Vouchers
11.1 Vouchers available for purchase through the Vendor’s online shop (hereinafter: “gift vouchers”) may only be redeemed in the Vendor’s online shop unless otherwise indicated by the gift voucher in question.
11.2 Gift vouchers and any unused portions thereof may be redeemed until the end of the third year after the year in which they were purchased. Any unused portions will be credited to the Customer until the applicable expiration date.
11.3 Gift vouchers may only be redeemed prior to completion of the ordering process. They may not be used to offset a purchase price after the fact.
11.4 Multiple gift vouchers may be redeemed for the same order.
11.5 Gift vouchers may only be used to purchase goods. They may not be used to purchase additional gift vouchers.
11.6 If the value of the gift voucher to be redeemed does not cover the amount of the order in question, one of the payment methods offered by the Vendor may be selected to pay the remaining difference.
11.7 The value of gift vouchers will neither be paid out in cash nor made subject to interest.
11.8 Gift vouchers are transferable. The Vendor can discharge its corresponding obligations by providing services to the gift voucher owner who redeems said voucher in the Vendor’s online shop. This does not apply to cases in which the Vendor is aware (or unaware due to its own gross negligence) that the campaign voucher owner is not authorized to redeem said voucher, legally incapable, or not in possession of corresponding representative authority.
12) Applicable Law
The laws of the Federal Republic of Germany apply to all legal relationships between the Parties, with the exclusion of the laws regarding the international purchase of movable goods. In cases involving consumers, this choice of law only applies to the extent that the protections provided are not rendered void by mandatory legal provisions of the state in which the Customer maintains his or her ordinary place of residence.
13) Place of Jurisdiction
If the Customer is acting as a merchant, a corporate body under public law, or a special fund under public law that is based within the sovereign territory of the Federal Republic of Germany, the location of the Vendor’s headquarters will be the sole place of jurisdiction for any and all disputes arising from this Contract. If the Customer’s headquarters is located outside of the sovereign territory of the Federal Republic of Germany, the Vendor’s headquarters will be the sole place of jurisdiction for any and all disputes arising from this Contract provided that the Contract or claims arising from it can be attributed to the professional or commercial activities of the Customer. In any of the aforementioned cases, however, the Vendor has the right to seek redress in a court that has jurisdiction in the location of the Customer’s headquarters.
14) Code of Conduct
– The Vendor has committed to upholding the quality criteria of Trusted Shops, which are available online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.
15) Alternative Means of Dispute Resolution
15.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes resulting from online purchases or service contracts involving consumers.
15.2 The Vendor is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.