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General terms

Registered office of the company:

Heidachstraße 70/2

D-88079 Kressbronn

 

Registry Court Amtsgericht (Local Court) Ulm: HRB 731208

 

E-mail: info@jaykay-sport.de

Phone.: +49 7543 300 9999

 

 

  1. Scope of application

1.1 For all the mutual claims from or in connection with a contract between the customer and JayKay GmbH with long-distance transactions (especially online shopping on the Internet on “www.JayKay-Sport.de”), these General Terms and Conditions come into effect in their version valid at the point in time of the conclusion of the respective contract. We do not recognise any deviating or additional Terms and Conditions of our customers.

1.2 On the basis of these Terms and Conditions, we only deliver within Germany. Deliveries to other EU countries and Switzerland can be made upon written request and separate shipping costs will be charged

1.3. All agreements shall be in German. German law applies exclusively. The German version of these General Terms and Conditions is binding. The English version is for information purposes only.

 

  1. Participants

JayKay GmbH concludes contract with customers who

a.) are unbounded competent natural persons who have reached the age of 18

b.) are legal persons, in each case resident or based in the Federal Republic of Germany, a member state of the European Union or Switzerland

(hereinafter referred to as “the customer”)

As far as the offer of a not accepted participant was accepted by mistake by JayKay GmbH, the JayKay GmbH is entitled to rescind the contract with the customer within an appropiate period of time.

 

  1. Subject matter of the contract

3.1 JayKay GmbH delivers the products or services ordered by the customers within the scope of the offer acceptance. Apart from that, § 434 I sentence 3 of the German Civil Code (BGB) shall apply. In the case of recission/withdrawal, JayKay GmbH is obligated to credit immediately performed deposits and/or prepayments or to pay back if requested by bank transfer.

3.2 In case of a financed transaction, paragraph 4.3 shall apply accordingly.

 

  1. Conclusion of contract

4.1 By clicking the button “Buy”, you place a binding order of all goods contained in the shopping cart. After the reception of your order, you receive an automatically generated order confirmation via e-mail. This e-mail does not yet constitute an order acceptance.

In case of payment per invoice, SEPA direct debit or cash on delivery, the acceptance of your order will be made within two days (Monday-Friday) by sending a separate order confirmation or by initiating the product delivery.

In the case of payment in advance, the acceptance of your order will be made by sending a pro-forma invoice containing a payment request within two days (Monday-Friday).

In the case of payment with PayPal, credit card or immediate transfer, the acceptance of your order will be made upon payment request at checkout.

We wish to advise we reserve the right to contest the purchase contract, e.g. in case of a misconception or a pricing error etc.

Immediately after sending the order you will receive a confirmation of receipt via e-mail.

4.2 The acceptance of the order is made via written or electronic means (paragraph 4.1 – 4.3), however, at the latest upon receipt of the purchased goods by the customer after shipment of the item by JayKay GmbH or with execution of the service with the customer by JayKay GmbH.

4.3 Financed transactions

If the customer has taken out a loan to finance this contract and should he/she then exercise his right of revocation, he/she shall no longer be bound to the loan agreement if JayKay GmbH is at the same time the customer’s lender or if the customer’s lender has collaborated with JayKay GmbH with regard to the financing of the goods. If the loan has already been received by JayKay GmbH at the time the withdrawal becomes effective, the customer can not only contact JayKay GmbH with regard to the reversal of the transaction, but also the lender.

 

  1. Cost paying agreement

If the customer makes use of his revocation rights, he/she shall bear the regular costs of the redelivery if the delivered item corresponds to the ordered one and the price of the redelivered item does not exceed 40,00 € or, should the price of the item be higher, the customer has not yet provided the consideration or a contractually conditioned partial payment.  In all other cases, the customer may return the item free of charge.

 

  1. Lack of availability of ordered goods or services

6.1 The goods shall be sold only in retail quantities.

6.2 If JayKay GmbH should state after receipt of order that the goods or services ordered are no longer available at JayKay GmbH, JayKay GmbH can send or offer or provide a product or service that is equivalent in quality and price. In such case the buyer is not obliged to accept the delivery and he/she shall not bear the cost of return shipment.

 

  1. Delivery/Shipping costs

7.1 The delivery is made to the address provided by the customer during the ordering process.

7.2 We only offer shipping. Collection by the customer is not possible.

7.3 We do not offer deliveries to parcel stations.

7.4 JayKay GmbH generally charges the following shipping costs:

Shipping within Germany is free of charge. For shipping to other EU countries we charge 25 EUR, to countries outside of the EU 65 EUR.

7.5 For the dispatch of bulky items, JayKay GmbH will charge additional costs stated in the offer.

7.6 The delivery time specified in the offer or order confirmation of JayKay GmbH is not binding unless JayKay GmbH confirms a binding delivery date or if the contracting parties agree on a binding delivery date.

7.7 Concerning delay of shipment, the customer is only allowed to withdraw from the contract if an appropriate period of grace has expired without result.

 

  1. Prices and terms of payment

8.1 All the price information JayKAy GmbH provides on the website includes the value added tax which is valid at the day of the presentation of the bill.

8.2 JayKay GmbH does not charge additional costs for payment options.

8.3 JayKay GmbH reserves the right, in order to hedge the credit risk, to exclude certain types of payment and to execute requested deliveries only in return for payment in advance, cash on delivery or immediate payment upon delivery.

 

  1. Reservation of proprietary rights

9.1 JayKay GmbH reserves the proprietary rights concerning all goods delivered to a customer until the final and complete payment of the goods delivered. If JayKay GmbH replaces goods within the framework of the guarantee, we agree upon this today that the proprietary rights concerning these goods reciprocally pass from the customer to JayKay GmbH or vice versa at the point in time when JayKay GmbH receives the goods from the customer respectively when the customer receives the replacement delivery from JayKay GmbH.

9.2 As long as the ownership title has not been transferred, the customer shall be obliged to notify JayKay GmbH in writing as soon as possible in case the delivered item is pledged or is about to be pledged, retained or is threatened by execution or insolvency or is exposed to other third party interventions. Where the third party is unable to reimburse the court and out-of-court expenses of a lawsuit pursuant to § 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for any loss incurred by JayKay GmbH.

 

  1. Claims for damages

10.1 JayKay GmbH guarantees that the goods are free from material or legal defects according to § 434, 435 of the German Civil Code (BGB) at the point in time of the handing over.

10.2 Should the article delivered have any obvious material or manufacturing defect, including damage in transport, the purchaser is requested to complain to JayKay GmbH as soon as possible.

However, if you fail to claim the defect immediately, it has no legal consequences to your legal rights. In other respects, the statutory regulations according to § 434 ff., 475 I of the German Civil Code (BGB) apply.

10.3 The period of liability for defects for new goods amounts to two years and to one year for used goods, unless a longer period is required by law. The limitation period begins with the delivery of the goods to the purchaser.

10.4 In case of a fault or defect the customer has the right to claim either the removal of the fault or the delivery of a good without faults according to § 439 of the German Civil Code (BGB). JayKay GmbH has the right to refuse the later fulfilment chosen by the customer if only inadequate payments would make this possible. Is the removal of the fault after a repair still not successful at the second try, the customer has the right, acoording to § 439 of the German Civil Code (BGB), to claim the delivery of a faultless good or to reduce the purchase price or to withdraw from the agreement. In other respects, § 437 of the German Civil Code (BGB) applies.

10.5 The statutory provision apply with regard to any compensation claims for defective goods.

10.6 Prerequisite for the guarantee claims is that the fault has not come to existence because of having been put to improper use or overtaxing.

If a fault is detected later than six months after the handing over, the customer has to prove that the object was faulty at the transition of the risk. Otherwise JayKay GmbH has the right to prove that the good was faultless at the handing over.

 

  1. Liability

11.1 JayKay GmbH is liable in cases of positive breach of a demand, delay, impossibilites, unauthorised action as well as other legal argument (except precontractual injuries) with intention and gross negligence.

In cases where culpable damage is caused to live or health or bodily damage is caused, in cases of culpable negligence of cardinal contractual obligations (main contractual obligations) or in the case of wilful deception, JayKay GmbH shall be liable within the scope of the law according to §437, No. 2 of the German Civil Code (BGB).

Only in the case of a breach of cardinal obligations, the liability for JayKay GmbH is limited to typical, predictable damage. The concept of cardinal obligations is either used to designate a concretely described breach of an essential duty putting the achievement of the contract purpose at risk or abstractly elucidated as a duty which must be fulfilled in order to enabling the proper fulfilment of the contract in the first place and and upon which the customer regularly has to rely.

11.2 The extent of liability of JayKay GmbH under the Product Liability Act remains unaffected.

 

  1. Partial exclusion of right of retention and set-off

The customer has no right of compensation or retention, unless the demand is indisputable or ascertained legally judicially. The customer is entitled to exercise the right to offset or retention even if notifications of defects are made or counterclaims are asserted. The customer is only entitled to practice a retention, if his counterclaim is based on the same contract relationship.

 

  1. Contract language, Contract text storage

13.1 The languages available for the contract conclusion are German and English.

13.2 The translation of these Terms and Conditions is intended solely for the customer’s needs. In case of differences between the German and the English version of the Terms and Conditions, the text of the German version is exclusively binding.

13.3 We will save the contract and send an e-mail including your order details and our Terms and Conditions to you. The Terms and Conditions are always available and can be downloaded on our website. In the customer login you can also overview your past orders.

 

  1. Choice of law

14.1 Contractual relations between JayKay GmbH and the customer shall be governed by German law. The application of the UN Convention on the International Sale of Goods, dated April 11, 1988, is explicitly excluded.

14.2 The provision from point 12.1 do not affect imperative regulations of the law of the state where the customer usually resides, if and as far as the customer completed a sales contract, which which can be regarded as being outside his trade or profession (consumer contract) and if the customer made the legal acts necessary for the conclusion of the sales contract in the state of his usual stay.

 

  1. Severability clause, place of jurisdiction

15.1 If individual provisions of this agreement become completely or partially invalid or inapplicable, or later lose their effectiveness in law, then this shall not affect the validity of the remaining contract.

15.2 The exclusive place of jurisdiction is the local court responsible for 88079 Fronreute (Germany).

 

  1. Data protection, credit screening

16.1 In order to ensure a fast and accurate order processing, the customer consents to the electronical storage of the personal data. Any data given by the customer will be treated in accordance with the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz).

16.2 For the purposes of credit screening, JayKay GmbH will be provided with personal address and creditworthiness data saved in the database of Schufa Holding GmbH, including data acquired on the basis of mathematical-statistical methods, provided that JayKay GmbH shows credible proof of justifiable interest.

16.3 According to § 28 b No. 4 of the German Federal Data Protection Law, JayKay GmbH points out that for the purpose of deciding whether to establish, to conduct or to terminate the contractual relationship with the customer, we investigate or use probable values which are calculated by using inter alia address data.

16.4 We will use your data internally for sending information material for our own promotional purposes. Data will not be passed on to third parties. Data may only be released to third parties with the express approval of the customer.

16.5 The customer may revoke the consent granted at any time by sending an informal letter to:

JayKay GmbH, Beim Dorfbeck 8, D-88079 Kressbronn, Registry Court Amtsgericht (Local Court) Ulm: HRB 731208 E-mail: info@jaykay-sport.de Phone.: +49 7543 300 9999

 

Notes on the German Battery Act and the Electrical and Electronic Equipment Act

Since our deliveries can contain batteries or rechargeable batteries, we are obliged by the German battery law (BattG) to inform our customers about the following: Batteries must never be thrown into the household waste! You are legally obliged to return batteries so that a professional disposal is ensured.

Used batteries can be handed in free of charge at a local collection point or at a local retailer. As a distributor of batteries, we are alos obliged to accept the return of old batteries, whereby this obligation is limited to the type of batteries that we supply or have supplied. Batteries of the aformentioned type can be send to us by mail with sufficient postage or turned in directly at our dispatch warehouse at the following address:

JayKay GmbH, Beim Dorfbeck 8, 88079 Kressbronn, Germany.

Batteries are labeled with the symbol of a crossed out waste container. This symbol indicates that batteries may not be thrown away in the household trash.

Batteries containing more than 0.0005 mass percent of mercury, more than 0.002 mass percent of Cadmium or more than 0.004 mass percent of lead are labelled with the symbol of a crossed out waste container and underneath the chemical name of the harmful substance.

Electric and electronic devices should not be disposed in a normal household waste. It is possible to turn them in at local return and collection points.

 

  1. Dispute resolution

The European Commission provides an Online Dispute Resolution platform (ODR-platform) dedicated to resolve disputes of contractual obligations resulting from legal online transaction out-of-court. You can find the ODR-platform under the following link: http://ec.europa.eu/consumers/odr/. Our e-mail address is listed in our legal information. We take part in the dispute settlement procedure. A list with contact details of approved dispute resolution bodies can be found here:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

 

  1. Provisions on cookies & web marketing

18a. Use of cookies

We use so-called cookies in order to orientate our services better to your wishes and needs and to collect statistical data about the use of our websites. Cookies also provide comfortable functions such as the display of the most recently viewed products or the memos. Cookies are small text files, that can be transferred from a website locally in the memory of your Internet browser on the computer you are using.

The cookies on our websites do not collect personal information about you or your use. Cookies do not damage your computer in any way and do not contain any malware. Once set, you can always delete cookies yourself by calling the appropriate menu in your Internet browser or delete the cookies on your hard drive. For details, see the Help menu of your internet browser.

Of course you can use our website without the use of cookies. To do so, you can deactivate cookies at any time in the settings of your Internet browser. However this may reduce the quality of the functions we provide.

18b. Google Adwords Conversion Tracking

This website uses the online advertising program “Google AdWords” and in this context the conversion tracking. The conversion tracking cookie is set when a user clicks on an ad delivered by Google. These cookies expire within 30 days and do not contain information that can identify you personally. If the user visits certain website before the cookie expires, we and Google can see that the user has clicked on the ad and has been forwarded to this website.

Every Google AdWords client receives a different cookie. Thus, cookies cannot be traced back via the websites of AdWords clients. We use the information collected by the conversion cookie to provide aggregate conversion statistics to AdWords clients who have opted-in to conversion tracking. The clients receive information about the total number of users, who have clicked on their ad and have been forwarded to a conversion tracking tag page. However, they don’t receive any information which can be used to identify users. Users who do not want to take part in tracking can easily deactivate the cookie of the Google conversion tracking in their browser settings. After deactivation, the users will not be included in the conversion tracking statistics. Find out more in the privacy policy of Google.

18c. Use of Social Plugins by Facebook and Google+

We use so-called Social Plugins (“Plugins”) of the social networks Facebook and Google+ on our website. This service is provided by the company Facebook Inc. and Google Inc. (“provider”). Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“).

You can find an overview of the plugins and how they look under the following link:

http://developers.facebook.com/plugins bzw. https://developers.google.com/+/plugins.

If you visit a site of our web presence which contains such a plugin, your browser sets up a direct connection to the Google or Facebook servers. The content of the plugin is transmitted directly from the respective provider to your browser and then embedded into your web page. By integrating the plugin, the providers receive the information that your browser has accessed the respective page of our website, also if you don’t have a profile in the respective social network or are not logged in.

This information (including your IP address) is transmitted directly from your browser to the respective server of the provider in the USA and stored there. If you are logged in to one of the social networks, the providers can directly match the visit on our website with your profile on Facebook or Google+. By interacting with the plugins, e.g. by clicking the “Like” or the “+1” button, the respective information is directly transmitted to the server of the provider and stored there. Furthermore, the information will be published in the social network where it will be shown to your contacts.

For purpose and scope of data collection and further processing and use of the data by the providers as well as your rights in this respect and setting options for protecting your privacy, please refer to the data protection information of the providers.

Privacy policy of Facebook: http://www.facebook.com/policy.php

Privacy policy of Google: http://www.google.com/intl/de/+/policy/+1button.html

If you do not want Google or Facebook to directly match the visit of our website with your user profile in the respective social network, you have to log out of the respective network before visiting our website. You also have the option to prevent loading the plugin with the help of add-ons for your browser, such as the “Facebook Blocker” (http://webgraph.com/resources/facebookblocker/).

18d. Criteo Retargeting

We use the technology by Criteo GmbH on our website to collect and store anonymized information on the surfing behaviour of the website visitors for targeting/retargeting. This data is stored through the use of cookies on your computer. Criteo GmbH uses an algorithm to analyze the surfing behaviour and can then display individualized product recommendations in the form of personalized advertising banners on other websites (so-called publishers).

In no event can this data be used to personally identify our website visitors. The collected data is only used to optimize our offer. Any other usage or transfer of this data to third parties is excluded. Of course you can use our website without the use of cookies. To do so, you can, at any time, deactivate the use of cookies in your browser settings. To find out more about the technology of Criteo visit: http://www.criteo.com/de/datenschutzrichtlinie.

18e. Google Analytics

This website uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses so-called cookies, small text files, which are stored on your computer and which allow an analysis of the use of the website by you. The information generated by the cookie about your website visit is usually transmitted to a server by Google in the USA and stored there.

However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases, the complete IP address is transmitted to a Google server in the USA and shortened there. On behalf of the website operater, Google will use this information to evaluate your use of the website, to produce report on website activities and to provide other services related to the use of the website and of the Internet. The IP address transmitted by your browser within the scope of Google Analytics will not be combined with other data by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please not that, in this case it is possible that you will not be able to use all the functions of this website.

You can also prevent the collection of data generated by the cookie and the data generated with regard to your website use (including your IP address) as well as the processing of this data by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de verfügbare Browser-Plugin

You can find more information on terms of use and data protection under http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. We like to point out that this website uses Google Analytics with the extension “gat._anonymizeIp();” to ensure anonymized registration of IP addresses (so-called IP masking).

18f. Google Site Search

Google SiteSearch is used on this website. When using the search field on this website, data will be transferred to Google. Therefor, the privacy policy of Google apply (http://www.google.de/privacy.html).

18g. Google Remarketing

This website uses the remarketing function by Google Inc. (“Google”). This function is used to show interest-based advertising to the website visitors within the framework of the Google advertising network. The browser of the website visitor stores so-called “cookies”, small text files which are stored on your computer to allow recognise the website visitor when visiting websites which belong to the Google advertising network. On these websites, ads can be shown to the visitor that refer to websites viewed earlier by the visitor and that use the remarketing function by Google. There is no transfer of personal data of the website visitors.

If you do not wish to use the remarketing function by Google, you can deactivate this function by making the necessary setting at http://www.google.com/settings/ads. You can find more information on Google remarketing and the privacy policy by Google at http://www.google.com/privacy/ads/.

18h. Bing Conversion Tracking

Additionally, this website uses tracking by Microsoft. Microsoft Bing Ads places a cookie on your computer in case the visitor arrives on our website through a Microsoft Bing ad. Thus, Microsoft Bing and we can detect that someone clicked on an ad, has been forwarded to our website and has reached a determined target page (conversion site). We only obtain information about the total number of users who have clicked on a Bing ad and have then been forwarded to the conversion site. No personal information on the identity of the user is given.

If you do not wish to take part in the tracking process, you can reject the placement of the required cookie, e.g. by generally deactivate te placement of cookies in your browser settings. Find more information on the data protection regarding the used cookies with Microsoft Bing on the Microsoft website https://privacy.microsoft.com/de-de/privacystatement/.

18i. Bing Ads Remarketing

This website uses the remarketing function by Microsoft Bing Ads. Microsoft Bing Ads places a cookies on your computer. This function is used to show interest-based advertising to the website visitors within the framework of the Google advertising network. The browser of the website visitor stores so-called “cookies”, small text files which are stored on your computer to allow recognise the website visitor when visiting websites which belong to the Google advertising network. On these websites, ads can be shown to the visitor that refer to websites viewed earlier by the visitor and that use the remarketing function by Google.

If you do not wish to take part in the tracking process, you can you can reject the placement of the required cookie, e.g. by generally deactivate the placement of cookies in your browser settings or by adjusting the required settings for personalised advertising at http://choice.microsoft.com/de-DE/opt-out. Find more information on the data protection regarding the used cookies with Microsoft Bing on the Microsoft website https://privacy.microsoft.com/de-de/privacystatement/.

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