terms and conditions
Terms and Conditions of JayKay GmbH
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scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between
JayKay GmbH, Heidachstraße 70/2, D-88079 Kressbronn
(hereinafter “Seller”)
and its customers via the online store (in particularde).
1.2 For the purposes of these Terms and Conditions, “customers” include both
– consumers (Section 13 of the German Civil Code) and
– business customers (Section 14 of the German Civil Code).
1.3 Any terms and conditions of the customer that differ from these shall not be recognized es the seller expressly agrees to their applicability.
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2. Conclusion of the Contract
2.1 The presentation of products in the online store does not constitute a legally binding offer.
2.2 By clicking the “Buy” button, the customer submits a binding offer.
2.3 Acceptance is confirmed via:
- order confirmation or
- shipment of the goods
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3. Prices and Payment Terms
3.1 All prices listed in the online store are total prices and include the applicable sales tax.
3.2 If the offer is directed at a business, the delivery is made to another EU member state, and the business provides a valid VAT identification number, the delivery is exempt from VAT under the intra-Community reverse-charge procedure. In this case, no German VAT will be charged.
3.3 For shipments to countries outside the European Union, additional customs duties, taxes, or fees may apply, which are the responsibility of the customer.
3.4 The payment methods offered in the online store Es .
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4. Delivery and Shipping
4.1 Delivery will be made to the address provided by the customer.
4.2 Delivery times are specified in the respective quote.
4.3 If a product is unavailable, the customer will be notified immediately.
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5. Right of Withdrawal
5.1 Consumers have a statutory right of withdrawal.
The cancellation policy is available separately in the shop.
5.2 Business customers are not granted a right of withdrawal.
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6. Retention of Title
6.1 The goods remain the property of the seller until full payment has been made.
6.2 The following applies to business customers:
The seller retains title to the goods until all claims have been paid in full.
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7. Warranty (Liability for Defects)
7.1 Consumers are entitled to the statutory warranty rights.
7.2 For business customers:
- Limitation period for defects: 12 months
- Obvious defects must be reported immediately
7.3 The reversal of the burden of proof for consumers applies for a period of 12 months (Section 477 of the German Civil Code).
7.4 In the event of a defect, the customer may, at their discretion, request that the defect be remedied through repair or replacement.
The seller is entitled to refuse the type of subsequent performance chosen by the customer if it would entail disproportionate costs. In this regard, particular consideration must be given to the value of the item in a defect-free condition, the significance of the defect, and whether the other type of subsequent performance can be provided without causing significant inconvenience to the customer.
In this case, the customer's claim is limited to the other form of subsequent performance.
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8. Liability
8.1 The seller has unlimited liability:
- in cases of willful misconduct and gross negligence
- in cases of injury to life, limb, or health
- under the Product Liability Act
8.2 In cases of slight negligence, the Seller shall be liable only for breaches of material contractual obligations (cardinal obligations) and only for foreseeable damages.
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9. Set-off and Right of Retention
9.1 Consumers may only set off claims that are undisputed or have been legally established.
9.2 Contractors are entitled to set off claims only if their counterclaims are undisputed or have been established by a final and binding court decision.
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10. Language of the Agreement and Storage
10.1 The language of the contract is German.
10.2 The contract text will be saved and sent to the customer by email.
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11. Choice of Law
11.1 Es German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
11.2 For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory consumer protection provisions of the country where they habitually reside.
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12. Jurisdiction
12.1 In transactions with business entities, the place of jurisdiction is the seller’s place of business.
12.2 For consumers, the statutory venues of jurisdiction apply.
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13. Dispute Resolution
The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
The seller is neither obligated nor willing to participate in dispute resolution proceedings.
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14. Privacy Policy
Information regarding the processing of personal data is available in the Privacy Policy.
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15. Information pursuant to the Battery Act and the Electrical Equipment Act
We are registered with the stiftung elektro-altgeräte register (Nordostpark 72, 90411 Nuremberg) under registration number DE as a manufacturer of electrical and/or electronic equipment and under registration number 78713801 as a manufacturer of batteries/rechargeable batteries.
Since 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 to ensure proper disposal.
You can return used batteries to a municipal collection point or a local retailer. As a distributor of batteries, we are also obligated to accept used batteries, although our obligation is limited to used batteries of the type that we currently carry or have previously carried in our product range as new batteries. You may therefore either return used batteries of the aforementioned type to us with sufficient postage or drop them off free of charge directly at our distribution center at the following address:
JayKay GmbH, Heidachstr. 70/2, 88079 Kressbronn.
Batteries are marked with the symbol of a crossed-out trash can. This symbol indicates that batteries must not be disposed of with household waste.
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16. Final Provisions
If any provision of these terms is invalid, the validity of the remaining provisions shall remain unaffected.