Terms and conditions

1. Scope
2. Conclusion of contract
3. Pricing and terms of payment
4. Terms of delivery and shipment
5. Right of cancellation
6. Retention of title
7. Liability for defects
8. Redemption of promotional vouchers
9. Applicable law
10. Place of jurisdiction
11. Information about online dispute resolution

1. Scope

1.1
These general terms and conditions (hereinafter referred to as “GTC”) of the “Jah GmbH” (hereinafter referred to as the “Vendor”), apply to all contracts that are concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) concerning the items offered by the Vendor in his online shop. The inclusion of the Customers own terms and conditions will be waived unless agreed upon otherwise.

1.2
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity.

1.3
An entrepreneur is any natural or legal person or a partnership with legal capacity that upon conclusion of a legal transaction exercises their commercial or independent professional activity.

2. Conclusion of contract

2.1
The presentation of the goods, in particular in the online shop, does not constitute a binding offer on the part of the Vendor.

2.2
First, the Customer places the selected items into the shopping cart. The order process begins with the subsequent step, where all required data for the conclusion of contract are collected. At the end of the order process, you will see a summary of the order and contractual details. The Customer makes a binding offer for the purchase of the items in the shopping cart only after confirming these orders and the contractual details, which is done by clicking on the button to conclude the order process.

2.3
The Vendor accepts the Customer’s offer via the following possible options:

  • By submitting a written order confirmation or by faxing or emailing an order confirmation


or

  • By requesting payment from the Customer after the order has been placed
  • By delivering the ordered items


Significant for the time at which the order is accepted is the first entered option.

The deadline to accept the offer begins on the day after the Customer has submitted the order and ends at the end of the fifth day after the order has been placed. The order has been rejected by the Vendor if the Vendor does not accept the Customer’s offer within the abovementioned timeframe. The Customer is thereby no longer bound to his declaration of intent.

2.4
The text of the contract that has been concluded between the Vendor and the Customer is saved by the Vendor. The contractual text is stored on the Vendor’s internal system. The Customer may view the GTC at any time on this website. The order details, right of cancellation as well as the GTC will be sent via email to the Customer. After concluding the order, the contractual text can be viewed by the Customer free of charge in his customer account, provided he has opened one.

2.5
All entries made will be shown before the order button is clicked, and can be viewed by the Customer before submitting his order. They can be corrected by clicking the back button in the browser or via the mouse and keyboard. The Customer will also have buttons to correct his order, provided that these are available. The buttons are labelled accordingly.

2.6
The contractual language is German.

2.7
It is the Customer’s responsibility to enter a correct email address for contact and to place an order, as well as to configure the filter function in such a manner that emails pertaining to this order can and will be delivered.

3. Pricing and terms of payment

3.1
The prices shown are the final price including the statutory VAT, unless otherwise agreed upon. It will be mentioned in the product description if any additional shipping costs apply.

3.2
The Customer can choose from the payment options that are available in the online shop.

3.3
Advance payment via bank transfer is due immediately after order placement, unless otherwise agreed upon.

3.4
For payments using SEPA direct debit, the purchase price is due once the deadline for receiving preliminary payment information had elapsed and after the SEPA direct debit mandate has been issued.

The preliminary information is the notification of the Vendor to the Customer that his account will be debited vis SEPA direct debit, and can, for example, occur in the form of an invoice or a contract. The invoice amount will be debited from the Customer’s account when the goods leave the warehouse and the deadline for the preliminary information has elapsed.

Should it not be possible to debit the amount from the account due to insufficient funds or incorrect account information, the Customer bears the costs of a back transfer if he is responsible for bearing these costs. The same applies in the case that the Customer cancels without being authorised to do so.

The Vendor reserves the right to check the Customer’s solvency before performing a SEPA direct debit transaction, and to refuse this payment method in case of a negative feedback.

3.5
When PayPal is the payment method of choice, the payment process is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22- 24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply. These can be found under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

3.6
For payment with “SOFORT”, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as "SOFORT"). In order to make use of this method of payment, the Customer needs an online bank account, in which participation with SOFORT was enabled, with a PIN/TAN system, with which he can legitimise himself during the payment process and to confirm the payment order to SOFORT. The payment will be processed by SOFORT immediately after the payment transaction and the Customer’s account will be debited. More information regarding payment with SOFORT can be found online under https://www.klarna.com/sofort/.

4. Terms of delivery and shipment

4.1
The goods are delivered to the delivery address indicated by the Customer. When payment is made with PayPal, however, the delivery address stored with PayPal at the time of payment will apply.

4.2
Should delivery be with a haulage company, then it is “free to kerbside”; in other words, as close as possible to the delivery address you provided. This only applies if the delivery information supplied by the Customer does not state otherwise or was not otherwise agreed upon.

4.3
Should it be impossible for the vendor to deliver the shipment due to an incorrect address or addressee or other circumstances, and additional costs are incurred, then the Customer shall reimburse these costs unless he is not responsible for the incorrect information or the impracticality. The same applies in the case that the Customer was temporarily prevented from accepting the delivery given that the Vendor had provided appropriate advance notification. Excluded from this provision are the costs of the shipment from the warehouse if the Customer has effectively exercised his right of cancellation. The legal provision or the regulation stipulated by the Vendor is applicable in this case.

4.4
We do not offer collection by the Customer.

4.5
Customers are able to receive their voucher in the following manner:

  • via email
  • via download
  • via regular post

5. Right of cancellation

5.1
If the Customer is the consumer, then he is fundamentally entitled to a right of cancellation.

5.2
The Vendor’s cancellation policy applies to the right of cancellation.

5.3
Consumers, who at the time of conclusion of contract do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of contract is located outside of the European Union, do not have a right of cancellation.

6. Retention of title

If the Vendor has provided services in advance, the goods remain the property of the Vendor until the payment has been received in full.

7. Liability for defects

7.1
In regard to the warranty, the provision of the legal liability for defects apply, provided nothing to the contrary was agreed upon in these terms and conditions.

7.2
The Customer is requested to complain to the delivery agent about delivered goods with obvious transport damages and to notify the Vendor of this. Failure to do so will not have any impact on the Customer’s legal or contractual claims for defects.

8. Redemption of promotional vouchers

8.1
Promotional vouchers, which the Vendor issues free of charge within the scope of a/an (advertising) campaign with a specific period of validity and which the Customer cannot purchase, may only be redeemed in the Vendor’s online shop within the specified period of time.

8.2
Promotional vouchers may only be redeemed by the consumer.

8.3
Individual items may be excluded from the voucher campaign. The specific restrictions are indicated on the promotional voucher.

8.4
Promotional vouchers can only be redeemed before concluding the order process. The voucher will not be accepted retroactively.

8.5
Only one voucher may be redeemed per order. It is not possible to redeem more than one voucher per order.

8.6
The value of goods of the respective order must be at least equal to the value of the voucher. The Vendor will not reimburse any remaining balance of the voucher.

8.7
Provided that the value of the promotional voucher is not enough to pay for the respective order, the balance can be paid using any of the remaining payment options offered.

8.8
The balance of the voucher will not be paid out, nor will interest be paid on it.

8.9
The promotional voucher will also not be refunded should the Customer return goods, which were paid for in part or fully using the voucher, within the scope of his legal right of cancellation.

8.10
The voucher is personalised and may only be redeemed by the person named. The voucher may not be transferred to others. The Vendor has the right, but is not obliged to, to verify the substantive right to eligibility of the respective voucher.

9. Applicable law

9.1
The law of the Federal Republic of Germany applies with the exclusion of the laws on the international purchase of moveable goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual place of residence, remain unaffected.

9.2
The choice of law specified here does not apply with regard to the legal right of cancellation of consumers if they do not belong to a member state of the European Union at the time of contract conclusion and their sole place of residence and delivery address are situated outside the European Union at the time of contract conclusion.

10. Place of jurisdiction

Provided that the Customer is a merchant, a legal entity under public law or special fund under public law based in the sovereign territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes ensuing from this contract is the location of the Vendor’s business headquarters. Provided that the Customer has his registered office outside the sovereign territory of the Federal Republic of Germany, then the location of the Vendor’s business headquarters is the exclusive place of jurisdiction for disputes ensuing from this contract if this contract, or claims arising from this contract, can be attributed to the professional or commercial activity of the Customer. Nevertheless, the Vendor is authorised to invoke the court at the Customer’s registered office in the aforementioned cases.

11. Information about online dispute resolution

The European Commission has made an online dispute resolution platform available:
http://ec.europa.eu/consumers/odr

We are fundamentally willing to participate in dispute settlement proceedings in front of a consumer arbitration board although we are not obligated to.

Payment and shipping information

Payment options and shipping costs

1. Payment options

1.1
For deliveries within Germany, the following payment options apply unless otherwise specified in the individual item descriptions:

  • Advance payment via bank transfer
  • Credit card (Visa, Mastercard)
  • PayPal
  • Instant transfer
  • Direct debit (SEPA direct debit)

1.2
For deliveries abroad, we offer the following payment options, unless otherwise specified in the individual item description:

  • Advance payment via bank transfer
  • Credit card (Visa, Mastercard)
  • PayPal

2. Delivery

2.1
Your order is shipped using Deutsche Post, DPD

2.2
We ship to the following countries: Germany, The Netherlands, Switzerland, Austria, Belgium, Denmark, Luxembourg, Czech Republic, Lichtenstein, France, Great Britain, Monaco, Hungary, Italy, Slovakia, Slovenia, Spain, Ireland, Portugal, Sweden, Estonia, Finland, Croatia, Lithuania, Latvia, Norway, Bulgaria, Bosnia-Herzegovina, Greece, Iceland, Romania and Serbia.

2.3
For items that are delivered by a freight forwarding company, the delivery will be free kerbside, that is to say to the closest public kerbside to the delivery address.

3. Shipping charges

3.1
We charge a fixed fee of 4.90 Euro net/ 5.83 Euro incl. VAT per order for shipping within mainland Germany.

A surcharge of 3.50 Euro net/ 4.17 Euro incl. VAT applies for shipping to German islands.

Free shipping for orders over 250 Euro net/ 297.50 Euro incl. VAT.

3.2
The following fixed fees apply to each order for shipping abroad:

Zone A
The Netherlands, Switzerland, Austria
8.50 EUR net/ 10.12 EUR incl. VAT (Austria 10.20 incl. VAT)


Zone B
Belgium, Denmark, Luxembourg, Czech Republic, Lichtenstein
9.70 EUR net/ 11.54 EUR incl. VAT


Zone C
France, Great Britain, Monaco, Hungary, Italy, Poland, Slovakia, Slovenia, Monaco
16.90 EUR net/ 20.11 EUR incl. VAT


Zone D
Spain, Ireland, Portugal, Sweden, Estonia, Finland, Croatia, Lithuania, Latvia, Norway
19.70 EUR net/ 23,44 EUR incl. VAT


Zone E
Bulgaria, Bosnia and Herzegovina, Greece, Iceland, Romania, Serbia
38.50 EUR net/ 45.82 EUR incl. VAT


The Netherlands and France, not including overseas territories. Denmark, excluding Greenland and the Faeroe Islands. Serbia, excluding Kosovo.

Island surcharges will be applied for parts of the British Isles and the Scottish Highlands, for the Isle of Man as well as for Guernsey and Jersey.

In addition to the costs of shipping to Spain, surcharges may apply to shipments to the Spanish Canary Islands, Ceuta and Melilla.

Deliveries to non-EU countries may incur additional customs duties, taxes and fees. For further information regarding customs duties and import taxes, additional fees as well as shipping to other countries please contact the JAH GmbH team.

Cancellation policy

Consumers are entitled to the right of cancellation pertaining to contracts regarding delivery of goods in accordance with the following stipulation. A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or individual professional activity.

You have the right to cancel this contract within a time period of fourteen (14) days without stating any reason.

The cancellation deadline is fourteen (14) days from the day on which you or a person designated by yourself, who is not the consignor, has taken the last goods delivered into possession.

In order to exercise your right to cancellation, you must inform us (Jah GmbH, Schünbusch Feld 3, 21439 Marxen, Germany, Tel: +4940399990360, Fax: +4940399990380, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.) with a clear statement in writing (i.e. by post, email or fax) about your decision to revoke this contract. You may, but are not obligated to, use the enclosed sample cancellation template.

To keep within the cancellation deadline, it is sufficient to inform us of your intent to exercise your right to cancellation before the right to cancellation term expires.

Consequences of cancellation

If you choose to cancel this contract, we are obligated to return all payments that we have received from you including the shipping costs (with the exception of additional costs incurred should you have selected a different shipping method from the most convenient standard delivery offered by us) without delay, and at the latest within fourteen (14) days from the day on which we received your notification to cancel this contract. We will use the same payment method you used in the original transaction to repay you, unless it is otherwise explicitly agreed upon with you. You will under no circumstances be charged any fees for this repayment. We reserve the right to refuse repayment until we have received the goods or until you have provided proof that you have shipped the goods back to us, depending on whichever is the earliest.

You are obligated to return the goods to us without delay and in any case at the latest within fourteen (14) days from the day on which you informed us of your intent to cancel the contract. The deadline is met if you ship the goods before the end of the fourteen-day deadline. We will bear the costs of the return delivery of such items that can be returned to us using ordinary mail due to the nature of their character. You will bear the costs of the return delivery of goods that cannot be returned to us by ordinary mail due to the nature of their character (haulage company goods), and which are estimated to be valued at the most at 100,000 Euro respectively.

You will only be held responsible for a possible depreciation of the goods if this loss of value can be traced back to unnecessary handling of the goods by you upon an inspection of their characteristics, features and functionality.

Exclusion or premature termination of the right of cancellation:
The right of cancellation does not apply to customers, who at the point of contract conclusion, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside of the European Union at the time the contract was concluded.