AGB

Registered office of the company:

 

Heidach Street 70/2

D-88079 Kressbronn

Registry Court: Ulm Local Court | Commercial Register: HRB 731208

E-Mail: [email protected]

Tel.: +49 7543 300 9999

 

  1. Scope

 

1.1 For all mutual claims arising from and in connection with the conclusion of a contract between the customer and JAYKAY GmbH in the case of distance selling transactions (in particular online shopping on the Internet via "www.JAYKAY-sport.de"), these General Terms and Conditions shall always apply in the version valid at the time the respective contract is concluded. We do not recognize any deviating or additional general terms and conditions of our customers.

1.2 We deliver to these GTC exclusively within Germany. Deliveries to Switzerland as well as to countries of the EU are only possible under calculation of separate forwarding expenses on written inquiry.

 

  1. Participant

 

JAYKAY GmbH concludes contracts with customers, who

a.) are natural persons of unlimited legal capacity who have reached the age of 18.

b) with legal entities, in each case with residence or registered office in the Federal Republic of Germany, a member state of the European Union or Switzerland

(hereinafter referred to as "Customers").

As far as the offer of an unaccepted participant was accepted by JAYKAY GmbH by mistake, JAYKAY GmbH is entitled to declare the withdrawal from the contract to the customer within a reasonable period of time.

 

  1. Subject of the contract

 

3.1 JAYKAY GmbH shall deliver the goods ordered by the customer or provide services as part of the acceptance of the offer. Otherwise, § 434 I sentence 3 BGB shall apply. If es is rescinded/revoked, JAYKAY GmbH shall be obliged to immediately credit any down payments and/or advance payments made or, if requested, to refund them by bank transfer. L

3.2 If a financed transaction exists, Clause 4.2 shall apply accordingly.

 

  1. Contract conclusion

 

4.1 By clicking the button "buy" you place a binding order of the goods contained in the shopping cart. After your order has reached us, you will receive an automatically generated confirmation of receipt by e-mail. This does not represent a binding acceptance of your order.

When ordering with the payment method invoice, Sepa direct debit or cash on delivery, the acceptance of your order within two days (Monday-Friday) by sending a separate order confirmation or by delivery of the goods.

When ordering with the payment method in advance, the acceptance of your order is made by sending a proforma invoice, which contains a request for payment, within two days (Monday-Friday).

For orders with the payment method PayPal, credit card or Sofortüberweisung, the acceptance of your order occurs with the request for payment in the checkout.

We would like to point out that we reserve the right to challenge the purchase contract in case of error, e.g. a technical price error etc..

Immediately after sending the order, you will receive another confirmation of receipt by e-mail.

4.2 The acceptance of the order takes place by confirmation in writing or electronically (clauses 4.1 to 4.3), at the latest, however, with the receipt of the item by the Customer after the item has been sent by JAYKAY GmbH or with the execution of the service at the Customer's by JAYKAY GmbH.

4.3 Financed transactions

If the customer has financed this contract through a loan and makes use of his right of revocation, he is no longer bound by the loan agreement if at de contracts form an economic unit. This is to be assumed in particular if JAYKAY GmbH is also the customer's lender or if the customer's lender has made use of the cooperation of JAYKAY GmbH with regard to the financing. If JAYKAY GmbH has already received the loan when the revocation takes effect, the customer may not only turn to JAYKAY GmbH for rescission, but also to the lender.

 

  1. Cost sharing agreement

 

If the customer makes use of his right of revocation, he shall bear the regular costs of the return shipment if the delivered item corresponds to the ordered item and if the price of the item to be returned does not exceed € 40.00 or if, in the case of a higher price of the item, the customer has not provided the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge for the customer.

 

  1. Lack of availability of ordered goods or services

 

6.1 Items shall only be handed over in quantities customary for households.

6.2 If JAYKAY GmbH finds out after receipt of the order that the ordered item or service is no longer available at JAYKAY GmbH, JAYKAY GmbH can send or offer or provide the customer with an item or service equivalent in quality and price. In this case the customer is not obliged to accept and he does not have to bear the costs of the return.

 

  1. Delivery/Shipping costs

 

7.1 Delivery shall be made to the address specified by the customer in the order.

7.2 We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

7.3 We do not deliver to packing stations.

7.4 For orders JAYKAY GmbH basically charges the following shipping costs:

Within Germany we ship free of charge. Shipping to other EU countries is 25 euros, outside the EU 65 euros.

7.5 In case of bulky goods, JAYKAY GmbH will charge a bulky goods surcharge, which is shown separately in the offer.

7.6 A delivery time stated in the offer or in the declaration of acceptance by JAYKAY GmbH is non-binding, es unless JAYKAY GmbH assures a binding delivery date or the contracting parties agree a binding delivery date.

7.7 In the event of a delay in delivery, the customer shall only be entitled to withdraw from the contract if a reasonable grace period has expired fruitlessly.

 

  1. Price, terms of payment

 

8.1 The prices quoted in the offer are final prices and include the value added tax applicable on the day the offer is made.

8.2 JAYKAY GmbH does not charge additional costs for payment options.

8.3 JAYKAY GmbH reserves the right to exclude certain types of payment and to carry out requested deliveries only against advance payment, cash on delivery or immediate payment upon delivery in order to safeguard the credit risk in individual cases.

 

  1. Retention of title

 

9.1 The JAYKAY GmbH reserves the ownership of all things, which are delivered by it to a customer, until the final and complete payment of the delivered thing. As far as the JAYKAY GmbH exchanges an item in the context of the liability for defects, it is already agreed today that the ownership of the item to be exchanged is mutually transferred from the customer to the JAYKAY GmbH or vice versa at the time when on the one hand the JAYKAY GmbH receives the item back from the customer or the customer receives the exchange delivery from the JAYKAY GmbH.

9.2 As long as ownership has not yet been transferred, the customer shall notify us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 of the German Code of Civil Procedure (ZPO), the Purchaser shall be liable for the loss incurred by us.

 

  1. Liability for defects

 

10.1. JAYKAY GmbH guarantees that the goods are free of material defects and defects of title according to § 434, 435 BGB at the time of transfer of risk.

10.2 If delivered goods show obvious material or manufacturing defects, including transport damages, the customer is asked to complain about such defects as soon as possible to JAYKAY GmbH.

However, failure to make this complaint has no consequences for their statutory claims. Es the statutory provisions pursuant to Section 434 et seq. and Section 475 I BGB also apply.

10.3 The period of liability for defects is two years for new items and one year for used items, es unless the law provides for longer mandatory limitation periods. The limitation period begins with the delivery of the item to the customer.

10.4 In case of defect, the Customer can demand according to § 439 BGB at his choice the removal of the defect or the delivery of a defect-free item. Within the scope of § 439 BGB, JAYKAY GmbH can refuse the type of supplementary performance chosen by the Customer if it is only possible with disproportionate costs. If the elimination of a defect does not succeed in the context of a repair also with the 2nd attempt, then the customer is entitled in the context of the § 439 BGB to require the supply of a defect-free thing or to reduce the purchase price or withdraw from the contract. In all other respects § 437 BGB shall apply.

10.5 With regard to any claims for damages due to defects in the goods, the statutory provisions shall apply.

10.6 A prerequisite for the warranty claims is that the defect has not been caused by improper use or overuse.

If a defect only becomes apparent later than six months after handover, the customer must provide proof that the item was defective at the time of transfer of risk. Otherwise, es JAYKAY GmbH shall be responsible for providing proof that the item did not have any material defects at the time of handover.

 

  1. Liability

 

11.1 JAYKAY GmbH shall be liable in cases of positive breach of contract, delay, impossibility, tort as well as for any other legal reason (except pre-contractual breach) in principle only in case of intent and gross negligence.

In case of culpable damage to life, health or body, in case of culpable violation of contractual cardinal obligations (main contractual obligations) or in case of fraudulent misrepresentation as well as in case of a claim for compensation according to § 437 number 2. BGB, JAYKAY GmbH is liable to the legal extent.

Only in the case of a breach of cardinal obligations, liability is limited to the typical, foreseeable damage. The term "cardinal obligation" is used either to designate a specifically described material breach of duty that jeopardizes the achievement of the purpose of the contract, or is explained in the abstract as an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

11.2 The scope of liability of JAYKAY GmbH according to the Product Liability Act remains unaffected.

 

  1. Partial exclusion of the right of set-off and retention

 

The customer shall have no right of set-off or retention, es unless the claim is undisputed or has been legally established by a court. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims arising from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

  1. Contract language, contract text storage

 

13.1 The languages available for the conclusion of the contract are German and English.

13.2 We save the text of the contract and send you the order data and our GTC by e-mail. You can also view and download the GTC at any time here on this page. You can view your past orders in our customer login.

 

  1. Choice of law

 

14.1 German law shall apply to the legal relationship between JAYKAY GmbH and Customers. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 (C is excluded.

14.2 The provisions of Clause 12.1 shall not affect mandatory provisions of the law of the country in which the customer has its habitual residence if and to the extent that the customer has concluded a purchase contract which cannot be attributed to the customer's professional or commercial activity (consumer contract) and if the customer has performed the legal acts necessary for the conclusion of the purchase contract in the country of its habitual residence.

 

  1. Severability clause, place of jurisdiction

 

15.1 If individual provisions of this contract should not be legally effective in whole or in part or should lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected thereby.

15.2 The exclusive place of jurisdiction shall be the Ulm Local Court having local and subject-matter jurisdiction for 88079 Kressbronn (Germany).

 

  1. Data protection, credit check

 

16.1 For a quick and error-free processing of the order, the customer agrees that the personal data will be stored electronically. The handling of the data provided shall be in accordance with the provisions of the Federal Data Protection Act and the Telemedia Act.

16.2 For the purpose of credit checks, JAYKAY GmbH will be provided with address and creditworthiness data stored by Schufa Holding AG in its database on its person, including such data determined on the basis of mathematical-statistical methods, provided that JAYKAY GmbH has credibly demonstrated the legitimate interest.

16.3 Pursuant to § 28 b No. 4 of the Federal Data Protection Act, JAYKAY GmbH points out that for the purpose of deciding on the establishment, implementation or termination of the contractual relationship with the Customer, probability values are collected or used, the calculation of which includes address data.

16.4 Your data will only be used internally for sending information material and for our own purposes. Data will not be passed on to third parties or only with the express permission of the customer.

16.5 The Customer may revoke a granted consent at any time. The JAYKAY GmbH

asks for this informal communication to

JAYKAY GmbH, Heidachstr. 70/2, D-88079 Kressbronn

E-Mail: [email protected]


 

  1. Information according to battery law and electrical law

We are registered as a manufacturer of electrical and/or electronic equipment under the registration number DE 98465168 and under the registration number 78713801 as a manufacturer of batteries/accumulators at the stiftung elektro-altgeräte register, Nordostpark 72, 90411 Nuremberg, Germany registered.

Since our shipments may contain batteries and rechargeable batteries, we are required by the Battery Act (BattG) to inform you of the following:Batteries must not be disposed of with household waste. You are legally obligated to return used batteries so that proper disposal can be ensured.

You can return used batteries to a municipal collection point or to your local retailer. As a distributor of batteries, we are also obligated to take back used batteries, although our obligation to take back used batteries is limited to those that we carry or have carried as new batteries in our range. You can therefore either return used batteries of the aforementioned type to us with sufficient postage or hand them in directly to our dispatch warehouse at the following address free of charge:

JAYKAY GmbH, Heidachstr. 76, 88079 Kressbronn.

Batteries are marked with the symbol of a crossed-out garbage can. This symbol indicates that batteries must not be disposed of in household waste.

 

  1. Dispute resolution

 

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint. We participate in the dispute resolution procedure. A list with the contact details of the recognized dispute resolution bodies can be found at.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

 

  1. Cookies & Internet Advertising Policy (if not specified elsewhere by the person responsible for the website)

 

18a. Cookies use

We use so-called cookies to better tailor our offer to your wishes and to be able to collect statistical data about the use of our website. Cookies also enable you to use convenient functions such as a display of recently viewed products or a notepad. Cookies are small text files that can be stored locally by a website in the memory of your Internet browser on the computer you are using.

The cookies on our website do not collect any personal data about you or your usage. Cookies do not cause any damage to your computer and do not contain viruses. Once cookies have been set, you can delete them yourself at any time by calling up the corresponding menu item in your Internet browser or deleting the cookies on your hard drive. You can find details on this in the help menu of your Internet browser.

Of course, you can also use our website without cookies being used. To do this, you can deactivate the use of cookies at any time via the settings of your Internet browser. However, this could limit the functionality of our offer.

18b. Google Adwords Conversion Tracking

This website uses the online advertising program "Google AdWords" and as part of it the conversion tracking. The cookie for conversion tracking is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page.

Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted in to conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. Users who do not wish to participate in the tracking can easily deactivate the Google conversion tracking cookie via their internet browser under user settings. These users will not be included in the conversion tracking statistics. You can find out more in Google's privacy policy.

18c. Use of social plugins from Facebook and Google+

So-called social plugins ("plugins") of the social networks Facebook and Google+ are used on our website. These services are offered by the companies Facebook Inc. and Google Inc. ("providers"). Facebook is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

An overview of the plugins and their appearance can be found here: http://developers.facebook.com/plugins or https://developers.google.com/+/plugins.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Google or Facebook. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has called up the corresponding page of our website, even if you do not have a profile with the corresponding social network or are not currently logged in.

This information (including your IP address) is transmitted by your browser directly to a server of the respective provider in the USA and stored there. If you are logged into one of the social networks, the providers can directly assign your visit to our website to your profile on Facebook or Google+. If you interact with the plugins, for example by clicking the "Like" or "+1" button, the corresponding information is also transmitted directly to a server of the providers and stored there. The information is also published on the social network and displayed there to your contacts.

The purpose and scope of the data collection and the further processing and use of the data by the providers, as well as your rights in this regard and setting options for protecting your privacy, can be found in the providers' data protection notices.

Facebook privacy policy: http://www.facebook.com/policy.php

Data protection information from Google: http://www.google.com/intl/de/+/policy/+1button.html

If you do not want Google or Facebook to directly assign the data collected via our website to your profile in the respective social network, you must log out of the corresponding network before visiting our website. You can also completely prevent the loading of the plugins with add-ons for your browser, e.g. the Facebook plugins with the "Facebook Blocker" (http://webgraph.com/resources/facebookblocker/).

18d. Criteo Retargeting

On our website, information about the surfing behavior of website visitors is collected and stored in anonymized form for targeting/retargeting purposes using the technology of Criteo GmbH. This data is stored on your computer using cookies. Criteo GmbH uses an algorithm to analyze the surfing behavior and can then display targeted product recommendations as personalized advertising banners on other websites (so-called publishers).

Under no circumstances can this data be used to personally identify visitors to our website. The collected data is only used to optimize the offer. It is not used for any other purpose or passed on to third parties. Of course, you can also use our website without cookies being used. You can deactivate the use of cookies at any time via the settings of your Internet browser. Further information about Criteo's technology can be found here: http://www.criteo.com/de/privacy-policy.

18e. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link http://tools.google.com/dlpage/gaoptout?hl=de .

Further information on terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/. Please note that on this website Google Analytics has been extended by the code "gat._anonymizeIp();" in order to ensure an anonymized collection of IP addresses (so-called IP masking).

18f. Google Site Search

Google SiteSearch is used on this website. When using the search field on this website, data is passed on to Google; Google's privacy policy applies (http://www.google.de/privacy.html).

18g. Google Remarketing

This website uses the remarketing function of Google Inc ("Google"). This function is used to present interest-based advertisements to visitors to the website as part of the Google advertising network. The website visitor's browser stores so-called "cookies", text files that are stored on your computer and that enable es to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages, the visitor can then be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function. Es does not store any personal data of visitors to the website.

If you still do not wish to use the Google Remarketing function, you can deactivate it in principle by making the appropriate settings at http://www.google.com/settings/ads. Further information on Google Remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.

18h. Bing Conversion Tracking

This website also uses Microsoft tracking. Microsoft Bing Ads places a cookie on your computer if you have reached our website via a Microsoft Bing ad. In this way, Microsoft Bing and we can recognize that someone has clicked on an ad, has been redirected to our website and has reached a predetermined target page (conversion page). We only learn the total number of users who clicked on a Bing ad and were then redirected to the conversion page. Es is not provided with any personal information about the identity of the user.

If you do not wish to participate in the tracking process, you can also reject the setting of a cookie required for this - for example, by using a browser setting that generally deactivates the automatic setting of cookies. Further information on data protection and the cookies used by Microsoft Bing can be found on the Microsoft website https://privacy.microsoft.com/de-de/privacystatement/.

18i. Bing Ads Remarketing

This website uses the remarketing function of Microsoft Bing Ads. This involves Microsoft Bing Ads placing a cookie on your computer. This function is used to present interest-based advertisements to visitors to the website as part of the Bing advertising network. The website visitor's browser stores so-called "cookies", text files that enable es to recognize the visitor when he or she visits websites that belong to the Bing advertising network. On these pages, the visitor can then be presented with advertisements that relate to content that the visitor has previously accessed on our website.

If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, by using a browser setting that generally deactivates the automatic setting of cookies or by making the appropriate settings for personalized advertising at http://choice.microsoft.com/de-DE/opt-out. Further information on data protection and the cookies used by Microsoft Bing can be found on the Microsoft website https://privacy.microsoft.com/de-de/privacystatement/