General terms and conditions
(1) The following terms and conditions are applicable for all
contracts that are concluded between the customer and jakob schenk via the online shop.
(2) In compliance with these terms and conditions, customers can be
consumers in accordance with § 13 BGB / German Civil Code as well as
entrepreneurs an accordance with § 14 German Civil Code.
(3) A consumer is every natural person who concludes a legal transaction
which is not mainly attributed to commercial or independent
(4) An entrepreneur means natural or legal person or a partnership with
legal personality who or which, when entering into a legal transaction,
acts in exercise of his or its trade, business or profession.
2. Conclusion of contract, contractual language, order steps, storage of the contract
(1) The presentation of goods on the internet does not yet mean a
contractually binding offer by jakob schenk. The contract between the
customer and jakob schenk only concludes through an order by the customer
and the acceptance by jakob schenk. A confirmation of the order reception
does not yet resemble an acceptance. In case of acceptance, jakob schenk
sends an order confirmation via email or fax. The shipping of the orders
articles to the customer equals a formal acceptance statement.
(2) Contractual language is English.
3. Delivery and shipping provisions
jakob schenk delivers the goods usually within three workdays after
having received the order. Potential exceptions are displayed on the
particular product side or result due to different payment methods
(please see 4. payment terms).
4. Payment terms
Payment with delivery within Germany may occur by the means of
advance payment collect/ PayPal, credit card or invoice (only business
Payment in advance
In this case, the time limit for the delivery starts at the latest
three working days (bank period) after the payment order to the
transferring bank institute has been made.
Payment with credit card
If the customer chooses to pay with his credit card (American
Express, Visa and MasterCard), the goods will immediately be sent to
him. The debiting of the credit card occurs after the goods have been
sent to the customer.
Payment via credit card with SecureCode
If the customer chooses payment via credit card with SecureCode, the
items will be send to the customer immediately. The debt collection on
the credit card occurs after delivery of the items to the customer.
Payment via PayPal
In this case, the time limit for the delivery starts at the latest
one working day after the payment order has been given to PayPal.
Payment via invoice (according to prior agreement)
The items will be sent to the customer immediately. The amount in the invoice is due immediately without deduction.
Payment in Cash in case of collection by the customer
The customer may also collect his ordered goods from jakob schenk. The
payment occurs in cash. No shipping costs arise in case of collection by
the customer. The customer is asked to give notice of his visit by
phone in advance, so that it can be assured that the goods are in stock.
5. Price and shipping costs
(1) The prices at the time of the posting of the order by the
customer apply. All prices shall be in euros and without exception
gross, i.e. .they include all price components including all taxes, in
particular mandatory VAT. There is no minimum order value.
(2) The delivery- and shipping costs arise in relation to the ordered
items and will be calculated from the place of the seller's registered
offices. If delivery occurs to a customer outside of the Federal
Republic of Germany, delivery- and shipping costs increase depending on
the weight and volume.
(3) In case of delivery outside of the European Union, other costs or
fees may arise such as taxes, customs etc., that will be paid by the
6. Agreement for the coverage of costs in case of exercising the right of withdrawal for the consumer
Should you exercise your right of cancellation (s. Instructions
regarding revocation rights for the consumer under 7.) , we will use the
same payment method you used for the original transaction for the
7. Instructions regarding revocation rights for the consumer
Right of withdrawal:
You have the right of cancelling the contract within 14 days without giving any reasons.
The time limit starts the day, you or a third party named by you, who
is not the carrier, take/s possession of the goods, if you ordered
goods within a common order and the goods are standardized delivered.
You must inform us about your decision of cancelling the contract
with us with an explicit explanation (e.g. with a letter to be sent
through the post, via telefax or E-Mail) in order to exercise this
To maintain the withdrawal time limit you must only send us the
message about the exercise of the withdrawal right before the time limit
Consequences of a withdrawal
If you cancel a contract, we are obliged to refund all the payments
we received from you immediately, including delivery costs (except for
the additional costs that result from your choice of a different kind of
delivery than the one we offered, which was the most favourable
standard delivery), within a maximum of fourteen days starting the day
we received your explanation about the withdrawal of the contract. We
use the same payment method you used for the original transaction to
refund the paid amounts, unless we explicitly arranged a different
payment method with you; you won’t be charged with any additional costs
for this refund.
We are in the right of denying the refund until the goods you sent
back arrive in our stock or until you proved that you sent the goods
back, according to what occurs sooner.
You are obliged to send or give the goods back to us until a maximum
of fourteen days after the day you informed us about the cancellation of
the contract. The time limit is maintained if you send the goods back
before the period of fourteen days ends. You will also be responsible
for the immediate costs of returning the goods.
You must only pay the loss in value of the goods if it resulted from
the handling other than it was necessary to ascertain the construction,
quality and function of the goods by you.
Please note that the customer has no right to withdraw from the contract in case of deliveries outside of the European Union!
8. Retention of titel
Unless fully paid, the goods shall remain our property.
(1) If there is a defect in the purchased goods, the legal
regulations are applicable. Provided that the customer is a consumer,
the period of limitation for statutory claims for defects is two years
and begins with the date of delivery, meaning the reception of the goods
at the customer´s.
(2) The warranty period for businesses is reduced to one year.
(3) For both business customers and consumers, the restrictions of
liability and limitation periods do not refer to claims for damages and
claims for reimbursement of expensive which the customer is entitled to
assert due to defects in accordance with the statutory provisions
pursuant to No. 11.
10. Transport damages
(1) In case of delivery of goods with obvious damages on packages or
the commence thereof, the customer shall immediately indicate this to
the delivery company as well as contact jakob schenk by phone or other
method of communication (email/fax/postal message), so that jakob schenk may
claim its warranty rights.
(2) Should the customer fail to complain or contact jakob schenk, he or she shall not lose his offer statutory warranty rights.
jakob schenk is liable for compensatory damages and reimbursement of expanses pursuant to the statutory regulations.
12. Data protection
The costumers data will neither be sold nor rented without permission
from the customer to other businesses for promotion purposes. A
transfer to a third party for commercial and uncommercial reasons does
not take place, except for the handling of the costumers order!
13. Final provisions
(1) The law of the Federal Republic of Germany shall apply. Mandatory
provisions applicable in the states in which the consumers have their
normal place of residence continue to apply. As far as dealing with
consumers within the European Union is concerned, the law of the
residence of the end consumer may also be applicable as far as mandatory
legal consumer regulations are concerned.
(2) The scope of the United Nations Convention on Contracts for the
International Sale of Goods (UN Sales Law) is precluded, including
(3) The place of jurisdiction for all disputes arising from this
agreement is Augsburg, if the customer is a merchant, a legal entity
under public law or a public special fund entity. If the consumer does
not have a place of residence within Germany or the European Union, the
place of jurisdiction is also Ausgburg. Otherwise, the statutory legal