GENERAL TERMS AND CONDITIONS (ONLINE SHOP FOR TEXTILES)
§ 1 Scope and Provider
(1) These terms and conditions apply to all orders you make at the online store of JECKYBENG GmbH, Fritschestr.27 / 28, 10585 Berlin Managing Directors: Dominik Fuss, Thomas Lang and Moritz Lorenz.
(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German.
(5) You can retrieve and print out the currently valid terms and conditions on the website [terms and conditions].
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button ["order now for payment" / "buy"] you make a binding offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail, with which we confirm that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the acknowledgment of receipt yet.
(4) A purchase contract for the goods is only concluded if we expressly declare the acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express acceptance. Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
§ 3 prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. Further information about the shipping costs can be found on our website under ["Shipping Information" / "Terms of Delivery"].
§ 4 Terms of payment; delay
(1) The payment can be made either: Invoice in advance, credit card, Paypal or direct debit.
(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
(3) If you select the payment method in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by cash on delivery, an additional fee of [X] EUR is payable by the local delivery agent. Further costs and taxes do not apply.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
(7) If you pay by direct debit, you may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.
(8) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 set-off / right of retention
(1) You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
(2) Orders are only possible to Germany. A tax is levied only in normal household quantities.
(3) The goods remain our property until full payment of the purchase price.
(4) Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to order an ordered product (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered from our suppliers.
(5) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following applies in addition: We reserve the ownership of the goods until complete settlement of all claims from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. - You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. - In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing. - We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 BGB, ie make the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions. Withdrawal You have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us Company: Address:
Fritschestr.27 / 28
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of Withdrawal If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from the fact that you have a different type of delivery than that offered by us, the most favorable standard delivery), immediately and at the latest within fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any case not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. If you want to cancel the contract, please fill out this form and send it back. To Company: Address: E-Mail: Fax: I hereby revoke the contract for the purchase of the following goods (*) ordered by me / us (*): Ordered on (*) / received on (*) Name of the consumer (s): Address of the consumer (s): Signature of the consumer (s) (only if communicated on paper) Date (*) Delete where inapplicable. End of revocation
(1) The right of revocation does not exist - for delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer (eg T-shirts with your photo and your name) or - on delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
(3) Please call us prior to return at  to announce the return. In this way, you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious damage in transit, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance. § 9 Warranty (1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contracting party can regularly rely (cardinal duty) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. Section 438 (1) no. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions with the following modifications apply: - For the condition of the goods are only our own information and the product description of the manufacturer is binding, but not public charges and statements and other advertising manufacturer. - You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded. - In the case of defects, we provide warranty at our discretion by repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods. - If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion. - The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) For the rest, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/. We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration and unfortunately can not offer you participation in such a procedure.
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Purchase Law"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, legal entity under public law or public law special fund, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you. As of September 2018