LEGAL | JULIUS BACH

Terms and conditions with client information

Vendor
Area of application
Definitions
How a contract is concluded
Delivery period
Prices and delivery costs
Risk of transportation
Payment methods
Title retention
Reservation of right of withdrawal
Statutory warranty rights
Notice of defect
Limitation of liability, warranties
Contractual language, saving of the wording of the contract
Applicable law, jurisdiction clause
Online settlement of disputes
Severability clause

1. Vendor

Vendor of the products offered in the product range of this online shop and contracting party for sales contracts concluded through this online shop is the following legal entity (“vendor”)

JULIUS BACH

Münsterstraße 48

40476 Düsseldorf

Geschäftsführer: Julius Bach

Telefon: +49 (0) 172 54 67 162

E-Mail: contact@juliusbach.com

Registration court/commercial register: local court of Düsseldorf

2. Area of application

The following terms and conditions are exclusively valid for all contracts concluded through this online shop. They contain the information that is legally required by the statutory provisions of distance selling contracts and electronic commerce.

3. Definitions

As far as the terms “entrepreneur” and “customer” are used, the legal definitions of the German Civil Code shall apply.

(1) A consumer means every natural person who enters into legal transaction for purposes that predominantly are outside his trade, business or profession

(2) An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

4. How a contract is concluded

(1) The product presentations in this online shop are always without obligation and cannot be seen as an offer in a legal sense. The product presentation invites the client to put articles into the shopping cart, and to submit a legally binding offer by ordering the products. The contract conclusion date shall be governed by point 4. (3) of this terms and conditions.

(2) The client has the opportunity to put the desired products into the shopping cart. Therefore the client has to click on the button on the respective product page. A not desired but already selected item can be removed from the shopping card at any time by calling up the shopping cart and clicking on the delete button.

(3) Once all the desired products are located in the shopping cart, the client can initiate the payment.

a) „checkout“ - button

By selecting the checkout button the client can either register himself and open a client account or log in if he is already registered as a client or complete the order without opening a client account by using the ordering function for guests. Hereafter the personal data which is required to fulfill the contract must be specified. Fields that must be completed are marked with an asterisk.

Hereafter the client can select the preferred mode of payment. At the end of the order transaction the client gets to an overview page (“checkout”) where the specified data, the desired products as well as the costs and their composition is shown. The client can now check the accuracy of the selection and input. Mistakes can be corrected by clicking on the respective edit-button. By clicking on the order button a binding offer for the conclusion of a sales contract is placed. The contract is concluded by the acceptance of the offer. Acceptance takes place when the vendor expressly accepts the order by email to the buyer in the form of a document called “confirmation of order” stating that the vendor accepts the order. Otherwise the offer shall be deemed as rejected.

b) Button „check out with paypal“

By selecting “PayPal-Plus” as payment method the client is redirected to the PayPal log in page by clicking on the “check out with PayPal” button. After the successful login and clicking on the button [continue] the client is directed back to the checkout-page of the online shop. At this point the client can check his selection and entries. Mistakes can be corrected by clicking on the edit button. By clicking on the order button a binding offer is placed for the conclusion of a sales contract. The contract shall be concluded by the acceptance of the offer. Acceptance shall take place when the vendor accepts the order by email to the buyer in the form of a document called “confirmation of order” stating that the order is accepted. Otherwise the offer shall be deemed as rejected.

5. Delivery period

The delivery period is shown at the product detail site. If there is no specific indication on the product site concerning the delivery period, the following shall be valid: the ordered product will be shipped within 48 hours after the order is placed. If a prepayment method is selected, the product will be shipped within three business days after the payment is processed. Sundays and public holidays shall not be taken into account in this calculation. The delivery period in case of regular mail and parcel shipment is three to five business days. The indicated delivery periods apply only for shipments within Germany. Shipments abroad, if offered, can take five to ten business days.

6. Prices and delivery costs

(1)The indicated prices are unexceptionally final prices and include the statutory VAT.

(2) If shipping costs arise, they will be indicated on a linked subpage for the offered delivery area. Products are only shipped into the listed countries.

(3) If shipments outside the EU are offered, additional costs like customs duties, taxes and fees can arise. Those costs are borne by the client and paid directly to the responsible customs authorities or tax authorities. The client can request details directly at named authorities. Moreover there are helpful info pages like for example: http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_de.htm

7. Risk of transportation

(1) Pursuant to the statutory provisions of law the vendor shall bear the transportation risk in the case of a purchase of consumer goods.

(2) in the event of undeliverability of goods for which the client is at fault, he shall bear the costs incurred as a result of the undeliverability. The shipment shall be treated as undeliverable if there is no person authorized to accept the delivery and the pick-up respite elapsed unsuccessfully. The shipment shall further be treated as undeliverable if the acceptance is refused by the receiver or the authorized receiving agent or in case that the specified address cannot be found. The prevention of a delivery (e.g. by sealing the mailbox), the refusal to pay the amount to be collected, if the payment method collect on delivery is offered and selected by the client, or the refusal to emit an acknowledgment of receipt shall be treated as refusal of acceptance.

8. Payment methods

(1)The client can select a payment method. The payment methods will be shown on a linked subpage and displayed for selection in the order transaction. If additional charges arise for certain payment methods they will be specified on the linked subpage.

(2) If a prepayment method is selected the delivery of goods is effected after payment receipt by the vendor.

9. Title retention

If the client is a consumer, the ownership of all products delivered remains with the vendor until full payment of the purchase price is received. If the client is an entrepreneur, the ownership of all products delivered remains with the vendor until full payment of all claims resulting from the business relationship is received.

10. Reservation of right of withdrawal

The vendor reserves a right of withdrawal from the sales contract for the case that the vendor is not supplied timely according to type and quantity. The above shall only apply if the vendor is not responsible for the failure to deliver, particularly if the vendor has concluded a covering transaction to fulfill its contractual obligations and informed the client immediately. In this case the vendor will refund the performances provided by the client immediately.

11. Statutory warranty rights

(1) The statutory provisions of law shall apply for contracts with consumers on delivery of new goods, therefore a two year defects liability period is applicable as of delivery of the thing to the consumer.

(2) Contrary to the statutory provisions of law a one year defects liability period shall apply for contracts with entrepreneurs on delivery of new goods beginning with the delivery to the buyer. The rights of the entrepreneurs from sections 478, 479 of the German Civil Code shall remain unaffected.

(3) The reduction of the warranty period stated above shall not apply for claims resulting from damages from injury to life, body or health due to grossly negligent breach of duty by the vendor or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of the vendor or a breach of a duty when its fulfillment is crucial for the implementation of the contract and the buyer can rely on its compliance (cardinal obligation).

Furthermore the vendor is liable according to the German product liability act as far as the scope of application of the German product liability act applies, or in other cases provided by law in which a liability of the vendor is mandatory intended.

12. Notice of defect

If the client is merchant within the meaning of the German Commercial Code he shall inform the vendor immediately about defects but not later than one week after receiving the goods. The vendor shall be informed in written form about defects that despite careful examination cannot be detected within the named deadline immediately after their detection, otherwise the goods shall be treated as approved concerning the defect. The above shall not apply if the vendor kept back the defect by deceit or if a warranty was granted. If the vendor enters into negotiations about a complaint it shall under no circumstances constitute a waiver on a delayed, insufficient or unfounded notice of defect.

13. Limitation of liability, warranties

(1)The vendor shall be liable unlimitedly for damages if they arise from intentional or grossly negligent behavior.

(2) In case of negligence the vendor shall only be liable for a breach of a duty when its fulfillment is crucial for the implementation of the contract and the buyer can rely on its compliance (cardinal obligation). Incidentally a liability for negligence shall be excluded.

(3) If the vendor is liable for negligence as aforesaid, the liability shall be limited to the damage that can typically be expected regarding the known circumstances when the contract is concluded.

(4) Aforementioned disclaimers and limitations of warranty shall not apply insofar as the vendor gave a warranty of the quality of the goods or fraudulently concealed the defect. The vendor shall be liable unlimitedly for damages that have to be indemnified according to the German product liability act as well as for damages from injury to life, body or health.

(5) If the manufacturer or the vendor issue a warranty for specific products it will be indicated on the respective product site or on a separately linked subpage. The statutory rights of the client, especially the statutory warranty rights shall remain unaffected by possible issued warranties.

14. Contractual language, saving of the wording of the contract

(1)The contractual language is English.

(2) The wording of the contract will not be saved by the vendor after the conclusion of the contract and is not accessible fort the client. The client can print the wording of the contract before the conclusion of the contract and/or save it in reproducible form by screenshotting the essential websites respectively by transformation in pdf-format.

15. Applicable law, jurisdiction clause

(1)The sales contracts concluded through this website with entrepreneurs are subject to the substantive law of the Federal Republic of Germany to the exclusion of CISG.

(2) In case of disputes regarding contracts concluded through this website, the jurisdiction shall be in the district where the vendor has its seat if the buyer is merchant within the meaning of the German Commercial Code, corporate body under public law or special fund under public law.

16. Online settlement of disputes

(1)The European Commission offers a platform for onlline settlement of disputes under the following link: https://ec.europa.eu/consumer/odr.

(2) The consumer arbitration board of the Zentrum für Schlichtung e.V. is responsible for common consumer problems and can be reached under https://www.verbraucher-schlichter.de or at the following address: Straßburger Straße 8, 77694 Kehl am Rhein.

(3) The vendor is neither obligated nor willing to participate at a dispute settlement procedure before a consumer arbitration board.

17. Severability clause

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.