Terms of Service

General terms and conditions

1. Applicability

(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 professional activities.
(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.
You will be informed about a delay (e.g. product is not in stock) as soon as possible. Potential further 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 customers).

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 order is finalized.

Payment via PayPal

If the customer chooses to pay with PayPal the goods will immediately be sent to him. The debiting of the PayPal account occurs after the order is finalized..

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 customer.

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 refund.

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 right.

To maintain the withdrawal time limit you must only send us the message about the exercise of the withdrawal right before the time limit runs out.

Consequences of a withdrawal

If you cancel a contract, we are obliged to refund all the payments we received from you immediately, within a maximum of fourteen days starting the day we received your explanation about the withdrawal of the contract. Exceptions are additional costs (e.g. higher shipping costs, custom-fees or other taxes (Non-EU-Countries)) which aries because of a delivery destination outside Germany. 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. 

Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.

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.

9. Warranty

(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.

11. Liability

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 cross-border deliveries.
(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 venue applies.

Status 30/07/2021