General Terms And Conditions
Julian Kindmann - JJ-Motors Hanebrink 1 33397 Rietberg
Contact: Phone: 0160 / 37 43 54 8 Email: Fahrzeugteilehandel@JJ-motors.de
§ 1 Scope of the contract The following terms and conditions govern the contractual relationship between the seller Julian Kindmann, Hanebrink 1, 33397 Rietberg and the respective buyer. These general terms and conditions apply exclusively. Conflicting terms and conditions of the buyer shall not apply, even if they are not separately contradicted in individual cases. Our general terms and conditions apply equally to consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed; an entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her self-employed professional or commercial activity.
§ 2 Subject matter of the respective contract The subject matter of the respective contract is the sale of goods by the Seller to the Buyer, in particular the sale of motor vehicles, motor vehicle accessories and motor sport articles.
§ 3 Prices and shipping costs The prices stated in each case are final prices. They include the statutory value added tax. Shipping costs are indicated separately.
§ 4 Delivery, Terms of Delivery Deliveries shall be made by dispatch to the delivery address specified by the Buyer. In the absence of an express agreement, delivery shall be made by a shipping company of the Seller's choice. The Seller is entitled to make partial deliveries if not all items are in stock. This shall only apply insofar as a partial delivery is reasonable and of interest to the Buyer, it is usable within the scope of the contractual purpose, the remaining delivery is ensured in a timely manner and the Buyer does not incur any significant additional expenditure or additional costs as a result. Subsequent deliveries shall then be made at the Seller's expense. Further rights shall not be restricted by the above provision.
§ 5 Transfer of risk If the buyer is a consumer, the risk of accidental loss, accidental damage or deterioration or accidental loss of the delivered goods shall not pass to him until the goods are handed over to him or he is in default of acceptance. If the buyer is an entrepreneur, delivery and dispatch shall be at his own risk and this shall already pass to him when the goods are handed over to any transport company.
§ 6 Liability and warranty The warranty shall be governed by the statutory provisions. Liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract. The aforementioned limitation of liability shall not apply to liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.
§ 7 Statute of Limitations The claims specified in § 437 No. 1 to 3 BGB (German Civil Code) shall become statute-barred after two years for the sale of new goods and after one year for the sale of used goods. Excluded from this are claims for damages. The limitation period begins with the delivery of the item. Notwithstanding the above, claims shall become time-barred within the regular limitation period if the Seller has fraudulently concealed the defect.
§ 8 Warranty The Seller does not give any warranties of its own for products. Any warranty conditions of the respective manufacturer shall apply. Warranty rights of the Buyer in case of defects of the purchased goods shall not be limited hereby.
§ 9 Retention of title The goods shall remain the property of the Seller until the purchase price has been paid in full. In the event of access by third parties (e.g. bailiffs) to the goods still owned by the seller, the buyer shall be obliged to point out the seller's remaining ownership and to notify the seller immediately so that the seller can enforce its ownership rights.
§ 10 Data protection -information on data processing (Issued by Julian Kindmann, Hanebrink 1, 33397 Rietberg) 1. name and contact details of the data controller Julian Kindmann, Hanebrink 1, 33397 Rietberg , e-mail address: Fahrzeugteilehandel@JJ-Motors.de, phone:0160/3743548 2. Collection, storage and use of personal data If you commission us, we collect the following customer information according to the type of commission: Salutation, first name, surname, date of birth, financial and income situation, e-mail address, address, telephone number (landline and/or mobile), account details, information required for the performance of the contractual service (sale and delivery of goods) This data is collected in order to be able to identify you as our customer; to be able to advise you appropriately; to be able to perform the contractual service; for correspondence with you and for invoicing. The data processing is carried out in response to your request and is necessary in accordance with Art. 6 (1) sentence 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of the customer order and for the mutual fulfilment of obligations arising from the contract. The personal data collected by us for the customer order will be stored in accordance with Article 6 (1) sentence 1 lit. c DSGVO until the expiry of the statutory tax and commercial law retention and documentation obligations (from HGB, StBG or AO) and then deleted, unless you have consented to further storage in accordance with Article 6 (1) sentence 1 lit. a DSGVO. 3. transfer of data to third parties Insofar as this is necessary for the processing of customer orders with you in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO, your personal data will be transferred to third parties. Your personal data will only be passed on to third parties by us to the service partners involved in the processing of the contract, such as the logistics company commissioned with the delivery and the credit institution commissioned with payment matters, insofar as this is necessary for the delivery of the goods or for the processing of the payment. Your personal data will not be transferred to third parties for purposes other than those listed under point 2. 4. data subject rights You have the right: - in accordance with Art. 7 Para. 3 DSGVO to revoke your consent at any time. This means that we may no longer process the data based on this consent in the future; -in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its use. In accordance with Art. 16 DSGVO, you may immediately request the correction of incorrect or incomplete personal data stored by us. 17 DSGVO, to request the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defence of legal claims or you wish to withdraw your consent pursuant to Article 18 DSGVO.You have the right to object to the processing in accordance with Article 21 of the Data Protection Regulation, to receive the personal data you have provided us with in a structured, commonly used and machine-readable format or to request that it be transferred to another controller in accordance with Article 20 of the Data Protection Regulation, and to lodge a complaint with a supervisory authority in accordance with Article 77 of the Data Protection Regulation. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose. 5 Right of objection If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation. If you wish to exercise your right of objection, simply send an email to Fahrzeugteilehandel@JJ-Motors.de.
§ 11 Final Provisions These General Terms and Conditions and the respective purchase contract concluded shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event that the buyer is a consumer, this shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship as well as the place of performance for payments, delivery and service shall be our registered office in Rietberg. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (JJ GmbH) via the https://jj-motors.de/ website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
We sell the product under our own name on behalf of others, i.e. for an external party that owns the product in question. In this regard, we play the role of a partial or total commission agent. In spite of that, we are a contractual partner who enjoys all the respective rights and is subject to all the respective responsibilities.
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Special agreements related to the offered payment methods
(1) Ratepay purchase on account, Ratepay direct debit, Ratepay purchase on installments
In order to be able to offer you attractive payment methods, we work together with Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter referred to as "Ratepay"). If an effective purchase contract is concluded between you and us when using a Ratepay payment method, we assign our payment claim to Ratepay. When using the Ratepay payment method purchase on installments, we assign our payment claim to the partner bank of Ratepay GmbH. If you choose one of the Ratepay payment methods offered here, you consent in the context of your order to the transfer of your personal data and that of the order for the purpose of identity and credit checks and contract processing to Ratepay. All details can be found in the General Terms and Conditions for Ratepay Payment Methods at https://www.ratepay.com/legal-payment-terms/, which apply in addition to our General Terms and Conditions if you choose a Ratepay payment method.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights are applicable.
(2) If we notify you of this prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and in the case of 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 goods.
(3) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5)
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
JJ GmbH
Gewerbestraße 4a
33397 Rietberg
Germany
Telephone: +4929445870211
E-Mail: mail@jj-motors.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 29.11.2022