General business conditions
The present general conditions of exclusive sale s'appliquent between the society JEEPJACOB (below "we") and every person visiting or performing a purchase via the site http:// www.jeepjacob.com (below "you ").
Every internaut can acquaint with general business conditions on the site http:// www.jeepjacob.com (below "the site"). The general business conditions being able to make modifications l'objet, applicable conditions are there those to vigeur on the site in dates it from signing of your order.
I. General
1. The deliveries and offers of the seller are exclusively effected based on these sale and delivery conditions. These apply therefore also to all future business relations even if they are not arranged
specificly once again. At the latest by placing the order in oral or written form or receipt of goods or performances these conditions are accepted. Counter confirmations of the buyer with reference to
his business and/or purchase conditions are hereby rejected. Business conditions of the buyer do not obligate us - also without specific contradiction.
2. Deviations of these sale and delivery conditions are only valid if the seller confirms them in writing.
II. Offer and conclusion of contract
1. The offers of the seller - especially in its prospectus - are subject to change and non-binding. Acceptance declarations and all orders need to legal validity of the written, telex or telephone confirmation
of the seller. The same applies to supplements, alterations or further agreements.
2. Drawings, illustrations, measures, weights or other datas are - regardless of the taken measure guarantee - only binding if this is specifically agreed in writing.
III. Deliver and performance time
1. The appointments and time periods named by the seller are non-binding as far as anything other has not been arranged in writing.
2. The seller is entitled to part shipments if this is reasonable for the buyer in consideration of the seller's interests.
IV. Danger transition
The danger passes over on the buyer as soon as the shipment was handed over to the person responsible for the transport or left for the purpose of shipment the seller's warehouse. If the delivery
becomes impossible without the seller's debt, the danger passes over on the buyer with selection and message of the readiness for despatch.
V. TÜV inspection
Only for these articles to which the prospectus specifically referred a classic TÜV report is generated.
VI. Guarantee
1. If the object to deliver is marked with a fault at time of danger passing over to the buyer that cancels or reduces the value or the usefulness to the usual use or the use prefaced according to
the contract, the buyer can demand removal of the fault (improvement). The seller is also justified on his choice to deliver instead of the deficient a deficiency free thing. This is not valid in case of
an only insignificant reduction of the value or usefulness.
2. The guarantee period is 2 years in case of sale of a new mobile thing to a consumer, 1 year in case of sale of a used mobile thing to a consumer, 6 months in any other cases. The obligation of
examination and rebuke of § 377 HGB remains untouched. If operating and maintenance instructions of the seller are not observed, changes of product are made, parts are exchanged or consumption
materials are used that do not correspond to the original specifications any guarantee expires.
3. Faults are to announce the seller immediately in writing, at the latest, however, within 1 week after receipt of the object. Faults that cannot be found also in careful examination within this period
are to indicate to the seller immediately after diagnosis.
4. In case of failed improvement or replacement delivery the buyer reserves the right to demand a price reduction or - on his choice - cancellation of the contract.
5. The guarantee does not apply to used parts that are delivered with exclusion of any guarantee.
6. Only the direct buyer is entitled to demand guarantee claims against the seller. They are only transferable with an agreement in writing of the seller in advance, unless it concerns a money claim
which was justified by a legal transaction which is a commercial transaction for both sides.
Addition: For further claims, especially resultant damages of defects, we are responsible according to section XI.
VII. Property reservation
1. The goods remain in property of the seller until to complete payment of the purchase price. Processing or reshaping are always effected for the seller as manufacturer, however, without obligation
for him. If the (joint) property of the seller expires by connection, it is already now agreed that the (joint) property of the standard thing of the buyer passes over on the buyer proportionately to
the value (calculated value). The buyer keeps the (joint) property of the buyer gratuitously. Merchandise of which the seller is entitled to a (joint) property, is designated in the following as a reservation
merchandise.
2. The buyer is entitled to process and sell the reservation marchandise in regular business as long as he is not in delay. Mortgaging or security transfers are inadmissible. Emerging demands of the
resale or any other legal justification (insurance, prohibited action) concerning the reservation merchandise are already now handed over for security reasons from the buyer on to the seller in full
extent. The seller authorizes him revocably to collect the demands handed over to the seller for his account in his own name. On request of the seller the buyer will open the abdication and give
the required information and documents to everybody.
3. In case of accesses of third on the reservation merchandise the buyer will refer to the property of the buyer and will immediately inform him. Costs and damage are carried by the buyer.
4. In case of behavior contrary to the contract of the buyer - especially payment delay - the seller is entitled to to take back the reservations merchandise on account of the buyer or eventually to
demand abdication of handing back claims against third. In withdrawal as well as in seizure is no resignation of the contract, provided that it is a hire-purchase business and is applicable on § 13
VertrKG.
VIII. Payment
1. If there are no other agreements, payment is effected by cash on delivery or debit procedure by bank collection or payment in advance. The seller is entitled to charge the buyer's payments first
for his older debts in spite of contrary determinations. If costs and interests have already emerged, the seller is entitled to charge the payment for the costs, second for the interests and finally
for the main performance. This is not valid, if therefore the justified interests of the debtor are not sufficiently considered as well as in case of applicability of the consumer credit law.
2. Payment is only effected, if the seller can charge of the amount. In case of debit or checks payment is only effected if the amount is finally credited the seller.
3. If the buyer gets in delay, he has to pay for the owed amount 5 % interest over the respective minimum lending rate of the German Federal Bank or after introduction of a uniform European currency
of the European Central Bank, unless the seller proves in the individual case a higher or the buyer a lower damage.
4. The buyer is only entitled to balancing, retaining or reduction, also if points of criticism or counter claims are in force, if the seller has specifically agreed or the counter claims were assessed
legally.
IX. Prices
1. Prices are excluding packaging and postage.
2. If there are more than 6 months between conclusion of contract and agreed and/or actual delivery date, the prices at time of delivery and/or provision are valid.
X. Constructional changes
The seller reserves the right to change constructions at any time if the changes or deviations are not reasonable for the buyer in consideration of the seller's interests. He is obligated, however, to
make such changes also with already delivered products.
XI. Liability restriction
Compensation claims out of impossibility of performance, out of positive demand breaking, out of blame at conclusion of contract or out of prohibited action are both excluded against the seller and
also against his fulfillment and/or performing assistant, as far as there is no intentional or coarsely careless acting.
XII. Return right
In cases of contracts which are made with exclusive use of distant communication means the consumer is granted a return right instead of the revocation right within the bounds of the legal regulations.
This does not apply for the delivery of goods that were prepared according to customer's specifications or cut clearly on the personal needs or for reasons of their composition are not
suitable for a return.
XIII. Applicable right
1. For these business conditions and the total legal relations between the seller and the buyer the law of the Federal Republic of Germany is valid.
2. Jurisdiction is the seat of the seller if the parties are businessmen, juristic persons of the public law or public-legal special fortunes.
3. If a determination on these business conditions or a determination in bounds of other agreements be or will be ineffectual, the effictiveness of all other agreements or determinations will not
be touched.
Instruction for the right of return
The consumer is in case of section XII no longer bound to his professed intention given at the conclusion of contract if he has returned the object. The return can be made within a period of 2 weeks,
which, however, does not begin before receipt of the object and only by return of the object, or if the object cannot be sent as a parcel it can be made by the demand of taking back. For observation
of the period the expedition in time is sufficient.
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