Terms and Conditions

Terms and Conditions

  1. 1.    Applicability, Definitions

 

(1)  These terms and conditions apply to all contracts concluded between the company JUTEC Biegesysteme GmbH & Co.KG , Ottostr. 22, 65549 Limburg (JUTEC) and its Customers (Customer) via this online shop. A conclusion of a contract under different conditions is not possible, possible terms and conditions of business or purchase of the Customer are not recognized, unless JUTEC agrees to their validity expressly in writing.

 

(2)  The general terms and conditions apply in the version valid at the time of the conclusion of the contract.

 

(3)  The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

 

  1. 2.    Conclusion of contract

 

(1)  The presentation and advertising of the products in JUTEC’S online shop does not constitute a legally binding offer.

 

(2)  The Customer can select products from JUTEC’S range and collect them in a so-called shopping cart by clicking the button "add to shopping cart".  The Customer can access the "shopping cart" via the corresponding button in the navigation menu and make changes there at any time. After entering the "Checkout" page and entering the personal data as well as selecting the payment and shipping method, all order data is displayed again. By clicking on the button "Order subject to payment", the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time.

 

(3)  JUTEC will then send the Customer an automatic confirmation of receipt via e-mail, in which the Customer's order is listed again and which the Customer can print by using the "Print" function. The automatic confirmation of receipt merely documents that JUTEC has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when JUTEC issues the declaration of acceptance, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the products, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the Customer by JUTEC on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored by the provider in compliance with data protection.

 

(4)  The contract is concluded in German, English or French.

 

  1. 3.    Delivery, Availability of goods

 

(1)  JUETC is entitled to partial deliveries and partial services, provided this is reasonable for the Customer.

 

(2)  Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, it is 5 - 10 days for consumers.

 

(3)  If the Customer is an entrepreneur, the expected delivery time is indicated on the order confirmation.

 

(4)  If the products are not in stock, the expected delivery time is indicated on the order confirmation. If the goods are permanently out of stock, JUETC refrains from a declaration of acceptance. In this case a contract is not concluded.

 

(5)  If the Customer, who is an entrepreneur, is in default of acceptance, fails to cooperate or if the JUTEC’S delivery is delayed for other reasons for which the Customer is responsible, JUTEC is entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs).

 

(6)  The occurrence of a delay in delivery by JUTEC to Customers who are entrepreneurs shall be determined in accordance with the legal specifications. In any case, however, a reminder from the Customer is required.

 

Please note:

Consumers are requested to check the products immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the transport company of any complaints as soon as possible.

 

Note: The above modalities are not a prerequisite for an effective practice of the right of withdrawal. Your warranty claims and your right of revocation remain unaffected.

 

  1. 4.    Retention of Title

 

(1)  The delivered goods (reserved goods) shall remain JUTEC’S property until full payment.

 

(2)  If the Customer is an entrepreneur, the Customer is allowed to resell the reserved goods in the ordinary course of business as long as he is not in default of payment. For this purpose, the Customer hereby assigns by way of security to JUTEC any claims arising from the resale or on any other legal grounds with regard to the reserved goods in the amount of the outstanding claim amount (including VAT) at the time of its respective origin. JUTEC accepts this assignment. The Customer may collect the above-mentioned claims on his own account in his own name on behalf JUTEC as long as he is not in default of payment.

 

(3)  If the realisable value of the securities exceeds the claims of JUTEC by more than 10%, JUTEC shall release securities of the Provider's choice at the Customer's request.

 

(4)  JUTEC does not agree with a resale of the reserved goods in case of the opening of judicial insolvency proceedings against the Customer's assets.

 

 

  1. 5.    Prices and Shipping Costs

 

(1)  Insofar as the Customer is a consumer, the gross price information including the statutory value added tax valid at the time shall apply to him.

 

(2)  If the customer is an entrepreneur, the prices are net ex works, unless otherwise stated in the order confirmation. Not included in the prices are the respectively valid statutory value added tax, packaging and shipping costs as well as the costs of transport insurance. Transport insurance will only be taken out at the express written request of the Customer.

 

(3)  The corresponding shipping costs are indicated to the Customer in the order form. The Customer shall bear the costs, unless the Customer, who is a consumer, exercises his right of withdrawal. The Customer shall also bear any costs for customs, fees, taxes and other public charges.

 

(4)  The goods are dispatched by parcel service. JUTEC bears the shipping risk if the Customer is a consumer. If the Customer is an entrepreneur, the shipping risk is transferred to the Customer upon delivery of the item to the forwarding carrier or other person or institution designated to carry out the shipment.

 

  1. 6.    Payment Conditions

 

(1)  The Customer has the following payment options via the provider PayPal PLUS:

 

  • PayPal
  • Direct Debit (SEPA-compliant)
  • Credit Card
  • Prepayment

 

(2)  Payment via PayPal: If the Customer has chosen the payment method PayPal, he/she must be registered there or first register and authenticate with his/her access data in order to pay the invoice amount. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order.

 

(3)  Payment by Direct Debit: If the Customer has chosen the payment method Direct Debit, he/she does not have to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order, he/she gives PayPal a Direct Debit mandate. PayPal will inform the Customer separately about the date of the debit in a prior notification (so-called prenotification). By submitting the Direct Debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and the Customer's account is debited.

 

(4)  Payment by Credit Card: If the Customer has chosen the Credit Card payment method, he/she does not need to be registered with PayPal to be able to pay the invoice amount. Immediately after confirmation of the payment order and after the Customer's legitimation as legitimate cardholder, the payment transaction will be carried out by the Customer's Credit Card company at the request of PayPal and the Customer's card will be charged. The Provider accepts the following Credit Cards: VISA, Master Card and American Express. If the Credit Card payment method is selected, the Customer's Credit Card account will be debited at the time when JUTEC dispatches the goods to the Customer.

 

(5)  Prepayment: If the Customer has chosen the payment method Prepayment, he/she will receive a confirmation after completion of the order to the e-mail address given by him/her with the bank details and indication of the order number. The Customer must then make the bank transfer. After receipt of payment, the goods will be sent to the address provided by the Customer. 

 

(6)  The Customer can change the payment method stored in his/her user account at any time.

 

(7)  Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer shall pay JUTEC default interest for the year at a rate of 5 percentage points above the base rate to Customers who are consumers and 9 percentage points above the respective base rate to Customers who are entrepreneurs.

 

(8)  The Customer's obligation to pay default interest does not exclude JUTEC from asserting further damages caused by default.

 

(9)  The Customer, who is an entrepreneur, is only entitled to rights of set-off or retention insofar as his claim is legally established or undisputed.

 

  1. 7.    Copyrights

 

(1)  JUTEC reserves the right of ownership and copyright to illustrations, drawings, calculations and other documents. They may not be reproduced or made available to third parties without JUTEC’S written consent.

 

(2)  Insofar as software is included in the scope of delivery of the goods, the Customer is granted a non-exclusive right, unlimited in time and space, to use the software supplied, including the associated documentation, for his own use within the scope of his business operations for the intended purpose.

 

(3)  The Customer is not entitled to reverse engineer, decompile or disassemble, reproduce, process or change the software, except to the extent permitted by applicable law, in particular for the purpose of creating backup copies (Sec. 69d para. 2 German Copyright Act) or to establish interoperability (Sec. 69e German Copyright Act), notwithstanding this restriction.

 

  1. 8.    Warranty for material defects, Guarantee

 

(1)  JUTEC is liable for material defects in accordance with the applicable legal regulations, in particular Sec. 434 et seq. German Civil Code. For entrepreneurs, the warranty period for items delivered by the vendor is twelve (12) months from delivery of the goods.

 

(2)  An additional guarantee exists for the goods delivered by JUTEC only if this was expressly stated in the order confirmation for the respective product.

 

(3)  The Customer shall have no rights in the event of defects insofar as

 

a)    the defect is due to improper use, operation or care or inadequate maintenance, faulty assembly and commissioning, violation or non-observance of JUTEC’S operating, operating and assembly instructions or to violent impact or other external influences (e.g. chemical, electromagnetic, electrical, water damage, etc.), insofar as JUTEC is not responsible for them;

 

b)    the defect is based on an improper modification of the delivery item, in particular the use of unsuitable spare parts, and the damage is causally related to the modification or use.

 

Natural wear and tear (including fading of fabrics or other materials as well as abrasion) or damage resulting from negligent or improper operation or handling are excluded from the rights of the Customer in case of defects.

 

(4)  JUTEC is generally not liable for defects which the Customer, who is an entrepreneur, is aware of at the time of the conclusion of the contract or is not aware of due to gross negligence (Sec. 442 German Civil Code). Furthermore, the Customer's claims for defects presuppose that he has fulfilled his statutory obligations to examine and give notice of defects (Sec. 377, 381 German Civil Code).

 

(5)  Insofar as the Customer is an entrepreneur and JUTEC has not itself manufactured the goods sold to this Customer but has procured the goods from sub-suppliers, JUTEC shall fulfil the Customer's rights in the event of defects by hereby assigning to the Customer all rights to which it is entitled vis-à-vis the sub-supplier in the event of defects. The customer accepts this assignment on account of performance. In the event of non-enforceability or failure, the Customer shall be entitled to assert his rights in the event of defects against JUTEC. In this case, the Customer shall reassign JUTEC the rights against the pre-supplier assigned to him under this paragraph. The Supplier hereby accepts the assignment.

 

 

  1. 9.    Liability

 

(1)  Claims of the Customer for damages are excluded. Claims for damages of the Customer from the injury of life, body, health or from the injury 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 JUTEC, it’s legal representatives or vicarious agents are not excluded. essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

 

(2)  In the event of a breach of essential contractual obligations, JUTEC shall only be liable for foreseeable damage typical of 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.

 

(3)  The restrictions of paragraphs 1 and 2 also apply in favour of JUTEC’S legal representatives and subcontractors if claims are made directly against them.

 

(4)  The limitations of liability resulting from paragraphs 1 and 2 do not apply if JUTEC has fraudulently concealed the defect or has assumed a guarantee for the quality of the product. The same applies if JUTEC and the Customer have reached an agreement on the quality of the product. The provisions of the German Product Liability Act shall remain unaffected.

 

 10.  Information concerning the exercise of the right of withdrawal for consumers

 

A. Model instruction on withdrawal

 

Right of withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

 

To exercise the right of withdrawal, you must inform us (JUTEC Biegesysteme GmbH & Co. KG, Ottostr. 22, 65549 Limburg an der Lahn (Germany) phone: +49 (0) 6431/93 49 – 0, fax: +49 (0) 6431/93 49 – 25, e-mail: shop@jucad.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

 

You shall send back the goods or hand them over to us (JUTEC Biegesysteme GmbH & Co. KG, Ottostr. 22, 65549 Limburg an der Lahn (Germany)), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.

 

You will have to bear the direct costs of returning the goods.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

B. Model withdrawal form

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To JUTEC Biegesysteme GmbH & Co. KG, Ottostraße 20-22, 65549 Limburg an der Lahn (Germany), fax: +49 (0)6431 9349-25, e-mail: shop@jucad.de

 

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

 

ordered on (*)/received on (*)__________________________­­­__

 

name of consumer(s) __________________________________

 

address of consumer(s) ________________________________

 

 

 

signature of consumer(s) _______________________________

(only if this form is notified on paper)

 

 

Date __________________

 

(*) complete as appropriate

 

You can download the sample withdrawal form via the following link:

Link

 

 

The right of revocation does not exist for distance contracts

  • for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  • for the delivery of audio or video recordings or software in a sealed package if the seal is removed after delivery

 

  1. 11.  Final Provisions

 

(1)   The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. The applicability of compulsory norms of the state in which the Customer, who is a consumer, has his habitual residence when the contract is concluded, remains unaffected by this choice of law.

 

(2)  If the Customer is a merchant and has his registered office in Germany at the time of the order, the exclusive - also international - place of jurisdiction is the registered office of JUTEC in Limburg an der Lahn (Germany). However, in all cases, JUTEC is also entitled to bring an action at the place of performance or at the general place of jurisdiction of the Customer. Primary legal regulations, in particular those concerning exclusive jurisdiction, remain unaffected.

 

 

As of: 25.06.2020