terms and conditions

Company headquarters:

 

70/2 Heidach Street

88079 Kressbronn, Germany

Register court: Ulm Local Court | Commercial register: HRB 731208

Email:de

Tel.: +49 7543 300 9999

 

  1. scope of application

 

1.1 These General Terms and Conditions, in the version valid at the time of conclusion of the respective contract, shall always apply to all mutual claims arising from and in connection with a contract concluded between the customer and JayKay GmbH in distance selling transactions (in particular online shopping on the Internet viade). We do not recognize any deviating or additional general terms and conditions of our customers.

1.2 We deliver exclusively within Germany in accordance with these General Terms and Conditions. Deliveries to Switzerland and other EU countries are only possible upon written request and subject to separate shipping costs.

 

  1. participants

 

JayKay GmbH enters into contracts with customers who

a.) are natural persons with full legal capacity who have reached the age of 18.

b) with legal entities, each with their place of residence or registered office in the Federal Republic of Germany, a member state of the European Union, or Switzerland

(hereinafter referred to as "Customers").

If an offer from a non-accepted participant was accidentally accepted by JayKay GmbH, JayKay GmbH is entitled to declare its withdrawal from the contract to the customer within a reasonable period of time.

 

  1. subject matter of the contract

 

3.1 JayKay GmbH shall deliver the goods ordered by the customer or provide services within the scope of the acceptance of the offer. In all other respects, § 434 I sentence 3 BGB (German Civil Code) shall apply. es withdrawal/revocation, JayKay GmbH shall be obliged to immediately credit any down payments and/or advance payments made or, upon request, to refund them by bank transfer. L

3.2 If a financed transaction exists, Section 4.2 shall apply accordingly.

 

  1. contract conclusion

 

4.1 By clicking on the "Buy" button, you are placing a binding order for the goods contained in your shopping cart. Once we have received your order, you will receive an automatically generated confirmation of receipt by email. This does not constitute a binding acceptance of your order.

If you place an order using the payment methods invoice, SEPA direct debit, or cash on delivery, your order will be accepted within two days (Monday-Friday) by sending a separate order confirmation or by delivering the goods.

When ordering with the payment method prepayment, your order will be accepted by sending a pro forma invoice containing a payment request within two days (Monday-Friday).

For orders placed using PayPal, credit card, or instant bank transfer as the payment method, your order will be accepted when you are prompted to make payment at checkout.

We would like to point out that we reserve the right to contest the purchase contract in the event of an error, e.g., a technical pricing error, etc.

Immediately after submitting your order, you will receive another confirmation email.

4.2 The order is accepted by confirmation in writing or electronically (sections 4.1 to 4.3), but no later than upon receipt of the item by the customer after it has been sent by JayKay GmbH or upon performance of the service at the customer's premises by JayKay GmbH.

4.3 Financed transactions

If the customer has financed this contract with a loan and exercises their right of withdrawal, they are no longer bound by the loan agreement if de form an economic unit. This is particularly likely to be the case if JayKay GmbH is also the customer's lender or if the customer's lender has used JayKay GmbH's services with regard to financing. If JayKay GmbH has already received the loan when the revocation takes effect, the customer may contact not only JayKay GmbH but also the lender regarding the reversal of the transaction.

 

  1. cost-sharing agreement

 

If the customer exercises their right of withdrawal, they shall bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed €40.00 or, in the case of a higher price, if the customer has not provided the consideration or made a contractually agreed partial payment. Otherwise, the return shipment is free of charge for the customer.

 

  1. Lack of availability of ordered goods or services

 

6.1 Items will only be accepted in normal household quantities.

6.2 If, after receiving the order, JayKay GmbH determines that the ordered item or service is no longer available from JayKay GmbH, JayKay GmbH may send or offer or provide the customer with an item or service of equivalent quality and price. In this case, the customer is not obliged to accept the item or service and does not have to bear the costs of returning it.

 

  1. Delivery/shipping costs

 

7.1 Delivery shall be made to the address specified by the customer in the order.

7.2 We only deliver by mail. Unfortunately, it is not possible to pick up the goods yourself.

7.3 We do not deliver to packing stations.

7.4 JayKay GmbH generally charges the following shipping costs for orders:

We offer free shipping within Germany. Shipping to other EU countries costs €25, and €65 outside the EU.

7.5 For bulky items, JayKay GmbH charges a bulky goods surcharge, which is shown separately in the quote.

7.6 Any delivery time stated in the offer or in the declaration of acceptance by JayKay GmbH is non-binding, es JayKay GmbH guarantees a binding delivery date or the contracting parties agree on a binding delivery date.

7.7 In the event of a delay in delivery, the customer shall only be entitled to withdraw from the contract if a reasonable grace period has expired without result.

 

  1. Price, payment terms

 

8.1 The prices stated in the offer are final prices and include the VAT applicable on the date the offer was made.

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

8.3 JayKay GmbH reserves the right, in order to safeguard against credit risk in individual cases, to exclude certain payment methods and to only carry out requested deliveries against advance payment, cash on delivery, or immediate payment upon delivery.

 

  1. retention of title

 

9.1. JayKay retains ownership of all items delivered to a customer until final and complete payment for the delivered item has been made. Insofar as JayKay GmbH replaces an item within the scope of liability for defects, it is hereby agreed that ownership of the item to be replaced shall be transferred from the customer to JayKay GmbH and vice versa at the point in time at which JayKay GmbH receives the item returned by the customer or the customer receives the replacement delivery from JayKay GmbH.

9.2 As long as ownership has not yet been transferred, the customer must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.

 

  1. liability for defects

 

10.1. JayKay GmbH warrants that the goods are free from material defects and defects of title in accordance with Sections 434 and 435 of the German Civil Code (BGB) at the time of transfer of risk.

10.2. If delivered items show obvious material or manufacturing defects, including transport damage, the customer is requested to report such defects to JayKay GmbH as soon as possible.

However, failure to issue this complaint has no consequences for your legal claims. In all other respects, the statutory provisions pursuant to § 434 ff., 475 I BGB (German Civil Code) Es .

10.3. The period of liability for defects is two years for new items and one year for used items, es the law stipulates longer limitation periods. The limitation period begins with the delivery of the item to the customer.

10.4 In the event of a defect, the customer may, at their discretion, demand that the defect be remedied or that a defect-free item be delivered in accordance with § 439 BGB (German Civil Code). JayKay GmbH may refuse the type of subsequent performance chosen by the buyer within the scope of § 439 BGB if it is only possible at disproportionate cost. If the defect cannot be remedied within the scope of a repair even after a second attempt, the customer is entitled, within the scope of § 439 BGB, to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. In all other respects, § 437 BGB applies.

10.5 The statutory provisions shall apply with regard to any claims for damages due to defects in the goods.

10.6. Claims for liability for defects are subject to the condition that the defect has not been caused by improper use or overuse.

If a defect only becomes apparent more than six months after delivery, the customer must provide evidence that the item was defective at the time of transfer of risk. Otherwise, es GmbH es providing evidence that the item was free of material defects at the time of delivery.

 

  1. liability

 

11.1 JayKay GmbH shall only be liable in cases of positive breach of contract, delay, impossibility, tort, and other legal grounds (except for pre-contractual breach) in cases of intent and gross negligence.

In the event of culpable damage to life, health, or body, in the event of culpable breach of cardinal contractual obligations (main contractual obligations), or in the event of fraudulent misrepresentation, as well as in the event of a claim for compensation pursuant to Section 437(2) of the German Civil Code (BGB), JayKay GmbH shall be liable to the extent provided for by law.

Only in the event of a breach of cardinal obligations is liability limited to typical, foreseeable damage. The term "cardinal obligation" is used either to describe a specifically defined, material breach of duty that jeopardizes the achievement of the purpose of the contract, or is explained in abstract terms as an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.

11.2 The scope of JayKay GmbH's liability under the Product Liability Act remains unaffected.

 

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

 

The customer shall have no right to offset or withhold payment es the claim is undisputed or has been legally established by a court of law. The customer shall also be entitled to offset our claims if he asserts complaints or counterclaims arising from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

 

  1. Contract language, contract text storage

 

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

13.2. We will store the contract text and send you the order details and our terms and conditions by email. You can also view and download the terms and conditions at any time on this page. You can view your previous orders in our customer login area.

 

  1. choice of law

 

14.1 German law applies to the legal relationships between JayKay GmbH and customers. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1988 (C is excluded.

14.2 The provisions of Section 12.1 shall not affect mandatory provisions of the law of the country in which the customer has his habitual residence if and to the extent that the customer has concluded a purchase contract that cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts necessary to conclude the purchase contract in the country of his habitual residence.

 

  1. Severability clause, place of jurisdiction

 

15.1 Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the rest of the contract.

15.2. The exclusive place of jurisdiction is the Ulm District Court, which has local and subject-matter jurisdiction for 88079 Kressbronn (Germany).

 

  1. Data protection, credit check

 

16.1 To ensure fast and error-free processing of the order, the customer agrees that their personal data may be stored electronically. The data provided will be handled in accordance with the provisions of the Federal Data Protection Act and the Telemedia Act.

16.2 For the purpose of credit checks, JayKay GmbH shall be provided with the address and creditworthiness data stored in its database by Schufa Holding AG, including data determined on the basis of mathematical-statistical methods, provided that JayKay GmbH has demonstrated a legitimate interest.

16.3 In accordance with Section 28 b No. 4 of the Federal Data Protection Act, JayKay GmbH points out that probability values are collected or used for the purpose of deciding on the establishment, implementation, or termination of the contractual relationship with the customer, and that address data, among other things, is included in the calculation of these values.

16.4 Your data will only be used internally for sending information material and for our own purposes. It will not be passed on to third parties, or only with the express permission of the customer.

16.5 The customer may revoke their consent at any time. JayKay GmbH

Please send an informal message to

JayKay GmbH, Heidachstr. 70/2, D-88079 Kressbronn, Germany

Email:de


 

  1. Information according to the Battery Act and Electrical Equipment Act

We are registered as a manufacturer of electrical and/or electronic equipment under registration number DE and under registration number 78713801 as a manufacturer of batteries/accumulators with the German WEEE Register Foundation, Nordostpark 72, 90411 Nuremberg .

As our shipments may contain batteries and rechargeable batteries, we are required by the Battery Act (BattG) to inform you of the following: Batteries must not be disposed of with household waste. You are legally obligated to return used batteries so that they can be disposed of properly.

You can return used batteries to a municipal collection point or to a local retailer. As a distributor of batteries, we are also obliged to take back used batteries, whereby our take-back obligation is limited to used batteries of the type that we carry or have carried in our range as new batteries. You can therefore either return used batteries of the aforementioned type to us with sufficient postage or hand them in free of charge directly at our shipping warehouse at the following address:

JayKay GmbH, Heidach Street 76, 88079 Kressbronn.

Batteries are marked with a crossed-out wheelie bin symbol. This symbol indicates that batteries must not be disposed of with household waste.

 

  1. dispute resolution

 

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our email address in our legal notice. We participate in the dispute resolution procedure. A list of the contact details of the recognized dispute resolution bodies can be found at.

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

 

  1. Provisions regarding cookies and internet advertising (if not specified elsewhere by the website administrator)

 

18a. Use of cookies

We use cookies to better tailor our offerings to your needs and to collect statistical data about the use of our website. Cookies also enable convenient features such as displaying recently viewed products or a notepad. Cookies are small text files that can be stored locally in the memory of your Internet browser on the computer you are using.

The cookies on our website do not collect any personal data about you or your use of the site. Cookies do not cause any damage to your computer and do not contain viruses. Once cookies have been set, you can delete them at any time by selecting the appropriate menu option in your Internet browser or by deleting the cookies on your hard drive. You can find details on how to do this in the help menu of your Internet browser.

Of course, you can also use our website without cookies. You can disable the use of cookies at any time in your Internet browser settings. However, this may limit the functionality of our website.

18b. Google AdWords Conversion Tracking

This website uses the online advertising program "Google AdWords" and, as part of this, conversion tracking. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page.

Each Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked across AdWords customers' websites. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. Users who do not wish to participate in tracking can easily deactivate the Google conversion tracking cookie via their Internet browser under user settings. These users are not included in the conversion tracking statistics. You can find out more in Google's privacy policy.

18c. Use of social plugins from Facebook and Google+

Our website uses social plugins ("plugins") from the social networks Facebook and Google+. These services are provided by Facebook Inc. and Google Inc. ("providers"). 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").

An overview of the plugins and their appearance can be found here: http://developers.facebook.com/plugins or https://developers.google.com/+/plugins.

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the Google or Facebook servers. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has accessed the corresponding page of our website, even if you do not have a profile with the corresponding social network or are not currently logged in.

This information (including your IP address) is transmitted directly from your browser to a server of the respective provider in the USA and stored there. If you are logged in to one of the social networks, the providers can immediately assign your visit to our website to your profile on Facebook or Google+. If you interact with the plugins, for example by clicking the "Like" or "+1" button, the corresponding information is also transmitted directly to a server of the providers and stored there. The information is also published on the social network and displayed to your contacts there.

Please refer to the providers' privacy policies for information on the purpose and scope of data collection and the further processing and use of data by the providers, as well as your rights in this regard and settings options for protecting your privacy.

Facebook's privacy policy: http://www.facebook.com/policy.php

Google's privacy policy:de+/policy/+1button.html

If you do not want Google or Facebook to assign the data collected via our website directly to your profile on the respective social network, you must log out of the relevant network before visiting our website. You can also completely prevent the plugins from loading by using add-ons for your browser, e.g., the Facebook plugins with the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/).

18d. Criteo Retargeting

Our website uses technology from Criteo GmbH to collect and store information about the surfing behavior of website visitors in anonymized form for targeting/retargeting purposes. This data is stored on your computer using cookies. Criteo GmbH uses an algorithm to analyze surfing behavior and can then display targeted product recommendations as personalized advertising banners on other websites (known as publishers).

Under no circumstances can this data be used to personally identify visitors to our website. The data collected is used solely to optimize our offering. It is not used for any other purpose or passed on to third parties. You can, of course, also use our website without cookies. To do so, you can deactivate the use of cookies at any time in your Internet browser settings. Further information on Criteo's technology can be found here:de.

18e. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is activated on this website, your IP address will be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser software; however, please note that if you do this, you may not be able to use the full functionality of this website.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-inde at the following linkde

For more information on terms of use and data protection, please visitde orde. Please note that on this website, Google Analytics has been extended by the code "gat._anonymizeIp();" to ensure anonymous collection of IP addresses (known as IP masking).

18f. Google Site Search

This website uses Google SiteSearch. When you use the search field on this website, data is transferred to Google. Google's privacy policy (de) applies in this case.

18g. Google Remarketing

This website uses the remarketing function of Google Inc. ("Google"). This function is used to present interest-based advertisements to visitors to the website within the Google advertising network. The browser of the website visitor stores so-called "cookies", text files that are stored on your computer and es visitor to be recognized when they visit websites that belong to the Google advertising network. On these pages, visitors can then be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function. No personal data of website visitors Es .

If you still do not want Google's remarketing feature, you can disable it by adjusting the settings at http://www.google.com/settings/ads. Further information about Google remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.

6 p.m. Bing Conversion Tracking

This website also uses Microsoft tracking. Microsoft Bing Ads places a cookie on your computer if you have accessed our website via a Microsoft Bing ad. This allows Microsoft Bing and us to recognize that someone has clicked on an ad, been redirected to our website, and reached a predetermined landing page (conversion page). We only learn the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No personal information about the identity of the user Es disclosed.

If you do not wish to participate in the tracking process, you can also refuse the necessary cookie setting—for example, by changing your browser settings to disable the automatic setting of cookies in general. For more information about data protection and the cookies used by Microsoft Bing, please visit the Microsoft website atde.

18i. Bing Ads Remarketing

This website uses the remarketing function of Microsoft Bing Ads. Microsoft Bing Ads places a cookie on your computer. This function is used to present visitors to the website with interest-based advertisements within the Bing advertising network. The website visitor's browser stores so-called "cookies," text files that es the visitor es be recognized when they visit websites that belong to the Bing advertising network. On these pages, the visitor can then be presented with advertisements that relate to content that the visitor has previously viewed on our website.

If you do not wish to participate in the tracking process, you can also refuse the cookie required for this purpose—for example, by changing your browser settings to disable the automatic setting of cookies in general, or by adjusting the relevant settings for personalized advertising atDE For more information about data protection and the cookies used by Microsoft Bing, please visit the Microsoft website atde