TERMS OF SERVICE
Terms and Conditions - General Terms and Conditions and Consumer Information
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the contractor uses conflicting or supplementary general terms and conditions or terms of purchase, its validity is hereby expressly contradicted, this applies in particular to a contrary assignment ban.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Freidank GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the ordering process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The language available for the contract is German.
We save the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions here on this page. You can see your past orders in our customer login.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up at Jelly Joker, Niedervellmarer Str. 8, 34127 Kassel, Hesse during the following business hours: Mon.-Fri. 8: 00-16: 30.
6. Retention of title
The goods remain our property until payment of all outstanding claims.
For entrepreneurs applies: We reserve the ownership of the goods. They are revocably authorized to resell the reserved goods in ordinary business operations; all receivables arising in this resale, in the amount of the invoice amount to get to get to. If there is a current account relationship between us and you in accordance with § 355 HGB, the advance assignment also applies to the recognized balance. A processing or transformation of the purchased item is always made for us. If the purchased item is processed or combined with other items not belonging to us, we acquire the co-ownership of the new item of value of the item purchased to the other processed items at the time of processing. If the purchased item is mixed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the purchased item to the other mixed item at the time of mixing. Your thing as the main thing so you have us share ownership to transfer, unless the buyer is a consumer.
7. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have delivered the item to the shipper, the carrier or the person or institution otherwise responsible for carrying out the shipment. For merchants, the duty to inspect and to reprimand, which is regulated in § 377 HGB, applies. If you refrain from doing so, the goods are deemed to have been approved unless they are defects that were not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty and Guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
For our dealers: The goods that are not sold can be exchanged for other goods for life. This excludes defective or used goods, all goods that contain a battery, groceries or other goods that are subject to an expiration date, as well as magazines and books.
For the exchange of the goods it is absolutely necessary that you tell us the date of purchase, ideally even the invoice number!
(1) We are entitled to assign the claims from our business relationship.
(2) Our claims have been assigned to BFS finance GmbH, Verl. Payments can only be made to BFS finance GmbH with a debt-discharging effect. The bank details can be found on the invoice note.
10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. Responsible is the general consumer arbitration center of the center for conciliation e.V., Strassburger road 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this position.
Unless expressly agreed otherwise in writing, the information provided to us in connection with orders shall not be considered confidential.
12. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law. Are you a merchant within the meaning of the Commercial Code, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
13. Sales prices of all JJ products
(1) When ordering in our online shop, each retailer agrees to demand for all products from the JJ program no less than 10% of the prices that are specified for end customers in the online shop www.jelly-joker.de.