Terms and Conditions
§ 1 Applicability, Contract Language
1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company
Hendrik Jebens
Fichtelbergstraße 12
70469 Stuttgart
(VAT-number/Umsatzsteuer-Identifikationsnummer according to § 27 a Umsatzsteuergesetz:
DE329507891)
via this online shop.
(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if(a) your abode is in Germany, or(b) your abode is situated in a state not being member of the European Union.In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.
§ 3 Conclusion of contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
§ 4 Technical steps up to the conclusion of the contract and correction of input errors
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at any time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.
§ 5 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
§ 6 Opening a customer account; Processing of your personal data
(1) In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following link [. . . . . .]. During your application for registration, you choose a personal user name and a password.
§ 7 Payment Terms
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are:
Hendrik Jebens
DE54600700700094197100
§ 8 Retention of Title
The goods shall remain our property until full payment.
§ 9 Delivery Conditions
We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.
§ 10 Right of Withdrawal
As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
§ 11 Warranty in case of purchasing goods
(1) If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period of warranty claims for the delivered goods is two years of receipt of the goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.
(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.
§ 12 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.
(2) The following provisions also apply to our information products:
We, in particular the publisher, the seller and the author, assume no guarantee and/or liability for the topicality, correctness, completeness and quality of the content provided in our information products. Typographical errors and incorrect information cannot be completely ruled out. The information in this information product does not constitute an invitation to take or refrain from any action, but is provided for information purposes only. The suggestions made therein do not constitute instructions to be followed by the user in particular.
Liability claims against us for direct and/or indirect damage of a material or immaterial (e.g. non-material) nature caused by the use or non-use of the information or by the use of incorrect and/or incomplete information are excluded. This does not apply if we can be accused of intentional or grossly negligent behaviour.
The content has been compiled with the greatest possible care. Nevertheless, the accuracy and completeness of the content cannot be guaranteed, particularly in the case of complex topics, so we recommend that users of our information products contact the relevant authorities or seek expert advice if they require important information. If information products are made available for a fee, this is a non-binding "Invitatio ad Offerendum", which merely invites the user to submit an offer and does not itself constitute a binding offer.
The health of the user is important to us and we endeavour to ensure that the user improves their fitness by using the information products.
Nevertheless, the use of the information products and the use of products and content as well as participation is at the user's own risk.
We therefore recommend that users always consult their doctor and/or other medical or specialised support before implementing any sports, nutritional or health-related advice that they receive from our information products or from other users. This applies in particular to pregnant women and nursing mothers as well as persons with known health restrictions and/or allergies. The information and services offered in the information products do not constitute medical advice or a substitute for a medical examination or treatment or for advice from a pharmacist. Nor do we guarantee that such information and services - even if they originate from qualified experts - correspond to current research results. Insofar as the user is given suggestions by the information products, he/she must check on his/her own responsibility whether the implementation of these suggestions is harmless to his/her health or otherwise. When using the information products, especially if this is done in a problematic environment (e.g. on public roads, when operating machinery), the user must pay particular attention to other people and behave in such a way that they do not violate legal regulations.The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The provisions in paragraph (2) shall apply. The liability pursuant to the product liability law remains unaffected.
§ 13 Jurisdiction; Online and Alternative Dispute Resolution; SeverabilityClause
(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Stuttgart, Deutschland
(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.
Our e-mail address is:
hendrik.jebens@gmx.de
(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
Sales Contract
INFORMATION ON THE RIGHT OF 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 goods.
To exercise the right of withdrawal, you must inform us
Hendrik Jebens
Fichtelbergstraße 12
70469 Stuttgart
E-Mail: hendrik.jebens@gmx.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 sent 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.
ADDITIONAL INSTRUCTIONS
Please use the original packing material in the event of sending back the goods, if the original packing material is still at hand.
You shall send back the goods or hand them over to us, where applicable, of the person authorized by you to receive the goods], 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, characteristic and functioning of the goods.
Service contract or contract for the supply of digital content which is not supplied on a tangible medium
INFORMATION ON THE RIGHT OF 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 of the conclusion of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium.
To exercise the right of withdrawal, you must inform us
Hendrik Jebens
Fichtelbergstraße 12
70469 Stuttgart
E-Mail: hendrik.jebens@gmx.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 sent your communication concerning your exercise of the right of withdrawal before the withdra
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.
ADDITIONAL INSTRUCTIONS
If you requested to begin with the performance of during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract.
Model withdrawal form according to
Annex 1 B to Directive 2011/83/EU
(Complete and return this form only if you wish to withdraw from the contract
To
Hendrik Jebens
Fichtelbergstraße 12
70469 Stuttgart
E-Mail: hendrik.jebens@gmx.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 (*); Please describe goods/services precisely so it is possible to identify to which goods or services withdrawal refers.
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
