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General Sales Terms and Conditions
These General Terms and Conditions are effective from 01.April 2015
(Foto: Fotolia#28702418©johannesspreter-Fotolia.com)
Article 1 - Definitions
1.1The following terms are defined as follows in these General Terms and Conditions:
Agreement: An agreement for the purchase of products through the online Shop Jahn-Lederwaren
Cancellation period: The time period in which the Consumer can invoke the right of cancellation, which is 30 days calculated from the day of receipt of the product;
Consumer: The natural person who enters into an agreement with Jahn-Lederwaren, not acting in the practice of an occupation or operation of a business;
Day: Calendar day;
Durable medium: All means that enable the ConsumerConsumer or Jahn-Lederwaren to store information addressed to him personally in a manner that enables future reference and unaltered reproduction of the stored information.
Model form for cancellation: Appendix 1 to these General Terms and Conditions contains the European model form for cancellations.
Right of cancellation: The possibility for the Consumer to cancel the Agreement within the cancellation period.
Article 2 - Identity of Jahn-Lederwaren
Jahn-Lederwaren, Dirk Jahn, Einzelunternehmen
Business address:
Dischingerweg 19
72070 Tübingen
Deutschland
Phone number: +49 (0) 7071 7963142
Business hours: Monday to Friday from 9:00 am to 16:00 pm
Chamber of Commerce registration number: 46990
VAT identification number: DE240265833
E-mail address: jahn@jahn-lederwaren.de
Article 3 - Applicability
3.1 These General Terms and Conditions apply to all offers by Jahn-Lederwaren and the Agreement made between Jahn-Lederwaren and the Consumer.
3.2 Before the Agreement is entered into, these General Terms and Conditions are provided electronically to the Consumer in a manner that enables the Consumer to easily store the text in a durable medium.
3.3 In the event that specific product terms and conditions apply in addition to these General Terms and Conditions, the second section of this article also applies and, in the event of conflicting general terms and conditions, the Consumer can appeal to the applicable provision that is most favourable to him.
Article 4 - Products on offer
4.1 If an offer has a limited validity period or is subject to certain conditions, this will be expressly stated.
4.2 The product range contains a complete and detailed description of the products offered. The description is detailed enough to make it possible for the Consumer to make a proper evaluation of the offer. Obvious mistakes or errors in the product range are not binding for Jahn-Lederwaren.
4.3 Every offer contains information that makes the rights and obligations associated with acceptance the offer clear to the Consumer. This pertains to the following in particular:
a) The price, including VAT, if the product offered can be delivered to a delivery address provided by the Consumer.
b) The manner and costs for delivering the product offered.
c) The manner in which the Agreement was made and the actions this requires.
d) Whether or not the right of cancellation applies, as well as the Model Form for Cancellation.
e) The manner of payment for the products offered.
f) How the Agreement can be accessed by the Consumer after it is archived.
g) The manner in which the Consumer can be informed about actions he does not want taken prior to entering into the Agreement, as well as the manner in which he can rectify these before the Agreement is concluded.
Article 5 - The Agreement
5.1 The Agreement is entered into, subject to the provisions of section 4 of this article, the moment the Consumer accepts the offer and meets the relevant conditions.
5.2 The moment the Consumer accepts the offer electronically by means of the electronic order form, Jahn-Lederwaren will immediately confirm, by e-mail, the receipt of the offer acceptance, the price and delivery destination for the product ordered. As long as Jahn-Lederwaren has not confirmed receipt of this acceptance, the Consumer can terminate the Agreement.
5.3 Jahn-Lederwaren takes appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment. If the Consumer can pay electronically, Jahn-Lederwaren will take appropriate safety measures to this end.
5.4 Jahn-Lederwaren can inquire about - within the legal frameworks - whether the Consumer is able to meet his payment obligations, as well as all facts and factors that are important for entering into the Agreement in a responsible manner. If, based on this inquiry, Jahn-Lederwaren has reason not to enter into the Agreement, Jahn-Lederwaren is entitled to justifiably refuse an order or request, or to require special conditions for the transaction.
5.5 In entering into the Agreement, Jahn-Lederwaren provides the Consumer with the following information in writing or in a manner that enables the Consumer to store the information in an accessible manner on a sustainable medium:
a) The visiting address of the Jahn-Lederwaren branch which can be contacted by the Consumer in case of a complaint.
b) The conditions under and manner in which the Consumer can invoke the Right of cancellation or a clear statement regarding the exclusion of the Right of cancellation.
c) Information on the current after-sale service offered and guarantees.
d) The information provided in Article 4, section 3 of these General Terms and Conditions, unless Jahn-Lederwaren already provided this information to the Consumer prior to executing the agreement.
Article 6 - Right of cancellation with regard to product delivery
6.1 In purchasing products, the Consumer has 14 (fourteen) days to cancel the agreement without stating reasons. Jahn-Lederwaren may ask the Consumer the reason for the cancellation, but may not require that a reason be given. The validity period starts on the day following receipt of the product by or on behalf of the Consumer.
Article 7 - Consumer obligations during the Cancellation period
7.1 During the Cancellation period, the Consumer must handle the product and packaging carefully. He may only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product, and to be able to determine whether he wishes to keep the product. The point of departure here is that the Consumer may only handle and inspect the product in the same manner as he would in a shop.
7.2 The Consumer is only liable for the loss of value of the product if it results from handling the product in a manner other than stated as acceptable in section 1 of this article.
Article 8 - Invoking the right of cancellation by the Consumer and related costs
8.1 To invoke the Right of cancellation, the Consumer must inform Jahn-Lederwaren of his decision to dissolve the agreement by means of an unambiguous statement (such as in writing by mail, fax or e-mail). The Consumer can also use the online form, select ‘I want to return a purchase’ from the drop-down menu next to ‘What is your request’, and send the completed online form to Jahn-Lederwaren. The Consumer can also use the Model Form for Cancellation (see Appendix 1 to these General Terms and Conditions), but the Consumer is not required to do so.
8.2 If the Consumer invokes the Right of cancellation, he must return the product, including all accessories provided and - if possible in all fairness - in the original condition and packaging, to Jahn-Lederwaren within 30 (thirty) Days of receipt (‘Return period’) of the product in accordance with reasonable and clear instructions provided by Jahn-Lederwaren.
8.3 The risk and burden of proof for the proper and timely invocation of the Right of cancellation lies with the Consumer.
8.4 If the Consumer invokes the Right of cancellation, the direct costs of returning the item are to be paid by the Consumer.