Contractual Terms for purchase agreements over the platform https://en.jimmyz.store
that are made between
ConsumerNext Distribution GmbH
Wesuweer Str. 32 b
+49 800 – 4800500
CEO Klaus Hagen
District Court Osnabrück, HRB209870
– in the following called “vendor” –
the in § 2 of these terms of business called user of this platform – in the following called “customer” – .
§ 1 Scope of Application
For the business relationship between the vendor and the customer the following General Terms and Conditions of Business, valid at the moment of sale, apply. Deviating Terms of the customer are not accepted, except if the vendor explicitly agrees to them in written form.
§ 2 Formation of Contract
(1) The customer can choose products from the assortment of the vendor and add them with the button “Add to Cart” to a so called Shopping Cart. By using the button „Buy now“ the customer makes a mandatory claim to purchase the products in the shopping cart. Before submitting the order, the customer can see and edit the data at any time.
(2) The vendor then sends the customer an automatic order receipt with the subject “Your JIMMY’Z [EN] order receipt” via E-Mail, in which the order of the customer is listed again, which can be printed by using the function “print”. The order of the customer (1) constitutes as a formation of a contract of sale for contents of the shopping cart. The order receipt (Order Confirmation) constitutes as acceptance of the offer by the vendor. In this, the content of the order is shown. In this E-Mail or in a separate E-Mail, at the latest with the arrival of the products, the text of the contract of sale(consisting of the order, General Terms of Business and Order Confirmation) is send to the customer by us in a durable form (E-Mail or paper). The text of the contract of sale is saved according to data protection.
(3) The formation of contract is made in the following language: English .
§ 3 Delivery, Product Availability, Payment Gateways
(1) Our delivery times are calculated from the moment of our order confirmation (§ 2 (2) of these General Terms and Conditions of Business). Previous payment of the sale price is required.
(2) If the ordered product is temporarily not available, the vendor will tell the customer immediately. With a delay of delivery of more than two weeks, the customer has the right to withdraw from the contract of sale. In this case, the vendor is allowed to withdraw from the contract of sale too. In this case, the payed sale price will be refunded immediately.
(3) The customer can pay via PayPal.
(4) The payment of the sale price is due immediately after the formation of the contract of sale. If the due date of the payment is defined by the calendar, the customer is immediately in default when he/she misses the date.
§ 4 Retention of Title Clause
Up to the full payment of the sale price, the delivered products remain property of the vendor.
§ 5 Prices and Shipping Costs
(1) All prices shown on the vendors website, are to be understood with the individually applicable VAT.
(2) The applicable shipping fees can be seen by the customer in the order form and have to be paid by the customer, unless he/she makes use of his right of withdrawal.
§ 6 Warranty for defects
(1) The vendor is liable for product defects according to legal requirements, specifically §§ 434 ff. BGB of the German law. For entrepreneurs, the warranty period for objects delivered by the vendor is 12 months.
§ 7 Liability
(1) Claims of the customer for recovery of damages are invalid. Excluded from this are claims of the customer that are based on the injury of life, the body, the health or the violation of substantial contractual duties (cardinal duties) and the liability of other damages, that are based on a deliberate, negligent violation of duties by the vendor, or his legal representatives. Substantial contractual duties are defined as the ones necessary to reach the goal of the sales contract.
(2) In case of the violation of substantial contractual duties, the vendor is only liable for damages typical for the contract and foreseeable, if this was caused negligently, except if the claims for recovery of damage originate from an injury to the life, body, or health of the customer.
(3) The restrictions of section 1 and 2 are also valid for the legal representatives of the vendor if claims are made against those people.
(4) The regulations of the German Product liability law remain untouched.
§ 8 Annotations about Data Handling
(1) The vendor is collecting data of the customer during the handling of the contract. He does this according to the requirements of the German “Bundesdatenschutzgesetzes” and the “Telemediengesetzes”. Without consent of the customer, the vendor will only collect, process and use inventory and usage data of the customer if this is necessary for the handling of the contractual duties.
(2) Without consent of the customer, the vendor will not use the customers data for advertisement, market or opinion based research.
§ 9 Final Clauses
(1) For contracts between the customer and the vendor, the law of the Federal Republic of Germany is valid under exclusion of the UN-Sale of Goods Law and the international private law.
(2) Provided the customer is a merchant, a legal entity of public law or a public law fund, the place of jurisdiction for all conflicts concerning the contractual relationship between the customer and the vendor is the country and district of the vendor.
(3) The contract stays intact in its remaining points if other parts are legally void. The legally void parts are replaced by the legal regulations of the country, if they are applicable. In the case that these would result in an unsuitable hardness for one of the two sides, the contract as a whole is void.
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.