Terms of service

1 Scope of application

(1) The following GTC are valid for all contracts that the customer concludes with JAKOB SCHENK via the online shop.
(2) Customers within the scope of these GTC may be both consumers pursuant to § 13 BGB (German Civil Code) and entrepreneurs pursuant to § 14 BGB.
(3) A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession.
(4) An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

2 Conclusion of contract, contract language

(1) The presentation of goods on the Internet does not constitute a binding offer of contract by JAKOB SCHENK. The contract between the customer and JAKOB SCHENK shall only be concluded by an order of the customer and its acceptance by JAKOB SCHENK. A confirmation of receipt of the order does not constitute acceptance. In case of acceptance, JAKOB SCHENK shall send an order confirmation by e-mail or fax.
(2) The contract language is German.

3. delivery and dispatch conditions

JAKOB SCHENK usually delivers the goods within 5-10 working days after receipt of the order. You will be informed about possible delays (e.g. product is not in stock) as soon as possible. Any further exceptions are either indicated on the respective product page or result from individual payment methods (see point 4. Terms of payment).

4 Terms of payment

Payment is made exclusively in advance. You can choose from various payment service providers.

If you choose to pay by invoice, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.

5 Prices and shipping costs (EU countries)

(1) The prices valid at the time of the order shall apply. All prices are in euros and are gross prices without exception, i.e. they include the statutory VAT of 19% and other price components and do not include shipping costs. There is no minimum order value.
(2) The delivery and shipping costs, the amount of which depends on the information provided in connection with the respective presentation of the goods, are incurred from the location of the branch of JAKOB SCHENK. If the delivery is made to a customer outside the Federal Republic of Germany, the delivery and shipping costs shall increase depending on the weight or volume weight.

5.1 Prices and shipping costs (non-EU countries)

(1) The prices at the time of ordering apply. Sales to non-EU countries are made on a net basis. For technical reasons, the conversion from gross to net prices only takes place shortly before the order process is finalised. The prices do not include shipping costs.
(2) The delivery and shipping costs, the amount of which depends on the information provided in connection with the respective presentation of the goods, are incurred from the location of JAKOB SCHENK's branch. If the delivery is made to a customer outside the Federal Republic of Germany, the delivery and shipping costs shall increase depending on the weight or volume weight.
(3) For shipments outside the EU, additional costs such as taxes and/or duties / customs duties may be incurred, which shall be borne by the customer

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. Exceptions are additional costs (such as increased shipping charges, customs duties and other charges (non-EU country)) incurred by shipping to a location outside Germany. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

You shall bear the direct costs of returning the goods.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Please understand that there is no right of cancellation for deliveries outside the European Union!

8 Retention of title

The goods shall remain the property of jakob schenk until payment has been made in full.

9 Warranty

(1) If there is a defect in the purchased item, the warranty shall be governed by the statutory provisions. The limitation period for statutory claims for defects is two years for consumers and begins on the date of delivery, i.e. receipt of the goods by the customer.
(2) The warranty period for entrepreneurs is limited to one year.
(3) For consumers and entrepreneurs, the above limitations of liability and limitation periods shall not apply to claims for damages and reimbursement of expenses which the customer may assert in accordance with the statutory provisions due to defects in accordance with Section 11.

10. transport damage / returns

(1) If goods are delivered with obvious damage to the packaging or contents, we request that a complaint be made immediately to the forwarding agent/freight service and that JAKOB SCHENK be contacted by telephone or other means (email/fax/mail) so that jakob schenk can protect any rights against the forwarding agent/freight service.
(2) Furthermore, we request that you return the goods to us in their original packaging. This will make it easier for us to resell the goods, for example.
(3) Goods that have been sent by a forwarding agent will always be collected by a forwarding agent in the event of a return. In this case, please contact jakob schenk by telephone, in writing or by e-mail. In order to avoid transport damage, we also ask that you refrain from returning goods by parcel service, as even in their original packaging, forwarding items are not automatically suitable for transport by parcel service due to their weight, sensitivity or size.
(4) Failure to comply with the above points does not restrict your right of cancellation. Furthermore, failure to make a complaint or to contact us shall have no effect whatsoever on the customer's statutory or contractual warranty and liability claims.

11 Liability

JAKOB SCHENK shall be liable for damages and reimbursement of expenses in accordance with the statutory provisions.

12. data protection

(1)JAKOB SCHENK collects and stores data of the customer in the course of the performance of contracts. In doing so, it shall observe the provisions of the German Federal Data Protection Act and the German Telemedia Act. Without the customer's consent, JAKOB SCHENK shall collect, process or use the customer's inventory and usage data only to the extent necessary for the performance of the contractual relationship and for the utilisation and billing of teleservices.
(2) jakob schenk shall not use the customer's data for advertising or market and opinion research without the customer's consent.

13. final provisions

(1) The law of the Federal Republic of Germany shall apply. Mandatory provisions of the country in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it is a mandatory consumer law provision.
(2) The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, including in cross-border delivery transactions.
(3) The place of jurisdiction for all legal disputes shall be Augsburg if the customer is a merchant, a legal entity under public law or a special fund under public law. If the consumer is not resident in Germany or in another country of the European Union, Augsburg shall also be the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.

Status 15.02.2024