These General Terms and Conditions shall apply to all deliveries and services of the company JAK-Reisemobile due to online orders or other online services. Differing and/or subsidiary arrangements require the explicit agreement of JAK-Reisemobile and must be in written form in order to be valid; the same shall apply to any waiver of this written-form requirement.
JAK-Reisemobile will keep on agreed or stated delivery times as far as possible. Will these be exceed more than six weeks the customer is entitled to set an extension of time with the hint that the acceptance of the object of purchase will be refused if the deadline expires. The extension of time must be at least one month. If it won’t come to an agreement about a new time of delivery the customer can cancel the purchase in written form after the extension exhausted. Should the customer asks for damages because of non-fulfilment in case of the delay or passable impossibility for the seller, damages are limited to a maximum of 5% of the purchase price and includes only the replacement of direct damage therefore particularly not the replacement of lost profits or other indirect damage. Further claims of the customer – especially for delivery – are excluded.
The risk will pass over to the customer as soon as the goods have been delivered to the carrier and left the warehouse. This applies even if JAK-Reisemobile has taken over the transport costs. Complains due to damages the customer has to claim directly against the carrier within the provided period. For shipments from the customer to JAK-Reisemobile the customer bears the full risk, especially the risk of transport, until the goods arrival at JAK-Reisemobile in Alsenz.
Invoices of JAK-Reisemobile are payable immediately and without any deductions. From 30th day following the date of invoice JAK-Reisemobile is entitled to demand default interest of 8% above the base rate of the Deutsche Bundesbank without the requirement of prior dunning letter, except that JAK-Reisemobile proves higher interest or the customer will face a lower change. Cheques are only accepted for payment. Any expenses go to the detriment of the customer. An off-set is permissible only with undisputable claims or claims which have become res judicata. A lien the customer can only claim so far as it concerns the same contractual relationship.
Complaints because of delivery, defects, wrong deliveries and quantity variances as far as they are identifiable by a reasonable analysis have to assert by writing immediately, but at the latest one week after receiving the goods. The warranty period by JAK-Reisemobile is two years from receiving the goods. In case of legitimate complaints JAK-Reisemobile will deliver the missing parts in addition and incidentally under reservation of the exclusion JAK-Reisemobile will exchange, take back the goods or grant a cut in price of the customer`s choice. If the second compensation delivery is also faulty in case of exchange the customer has the right of redhibitory action or reduction. The warranty for defects of goods is limited to repairs. If two corrections fail, the customer can set a reasonable deadline for the final remedy. After the expiry of the period, the customer is allowed to ask for the reduction of the purchase price or the rescission of the contract.
The object of purchase remains the property of JAK-Reisemobile until the compensation of the claims which are entitled to JAK-Reisemobile based on the contract. The property of JAK-Reisemobile remains especially even in combination, mixing or resale of the delivered goods. The reservation of proprietary rights also persists for all claims which JAK-Reisemobile subsequently acquires against the buyer in connection to the object of purchase, for example, due to repairs or other services. During the reservation of proprietary rights the buyer is entitled to be in possession of the goods and to use the goods according to the contract as long as the buyer discharge his commitments from the reservation of proprietary rights and the commitments from the business connection in due time. The customer is liable to provide all information for the pursuit of rights under the agreed reservation of proprietary rights towards JAK-Reisemobile. In the case of returns after expiry of the period of revocation, 15% of the value of goods will be charged for checking and storage.
JAK-Reisemobile is authorised to collect, save and process personal data which are necessary within the business connection.
These General Terms and Conditions shall remain valid even if individual provisions are invalid or unfeasible or become invalid or unfeasible. In such a case the contractual parties are obliged to replace the invalid provision by a legally valid one that comes closest to the economic value of the invalid provision. Place of fulfilment and jurisdiction for contracts involving of these General Terms and Conditions is Alsenz.