Terms and conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a supplier (JB Spielwaren GmbH) via the website b2b.jb-spielwaren.de, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is acting in the exercise of his commercial or independent professional activity (entrepreneur). The conclusion of a contract with consumers is excluded.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(2) Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(3) You can make a binding offer to enter into a contract (order) by telephone, e-mail, fax, mail or via the online shopping cart system.

When purchasing via the online shopping cart system, the goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.

Before sending the order, you have the possibility to check the information in the order overview again, to change it (also via the function "back" of the Internet browser) or to cancel the order. By sending the order via the corresponding button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(4) The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of orders by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Prices, terms of payment and shipping costs

(1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.

(2) The shipping costs incurred are not included in the purchase price, they will be charged separately, unless free shipping has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.

3) Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(4) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract shall be due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.

§ 4 Terms of delivery

(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. In the case of payment in advance by bank transfer, the goods will not be dispatched until we have received the full purchase price and shipping costs.

(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.

(3) Shipment shall be at your risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.

(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional costs for shipping as a result.

§ 5 Warranty

(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply

- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
 

(3) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) We shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
 

(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.

§ 7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance and the place of jurisdiction shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

II. customer information

1. identity of the supplier

JB Spielwaren GmbH
Justinus-Kerner-Str. 9
71717 Beilstein
Germany
Phone: 01775101087
E-Mail: vertrieb@jb-spielwaren.de

2. information about the conclusion of the contract

The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the possibilities for correction, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order or the inquiry, the contract data can be printed out or electronically saved using the browser's print function.

4. codes of conduct

4.1 We have submitted to the code of honor of the portal Shopvote, which can be viewed at the following link: https://www.shopvote.de/bewertung_jb_spielwaren_de_11587.html .

These GTC and customer information have been prepared by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020