Conditions

General terms and conditions of business

Scope:
These general terms and conditions apply exclusively to the business relationships between JoeFrex GmbH (hereinafter referred to as “seller”) and the customer in the version valid at the time of the order and the current list of prices and services. They apply to all sales, deliveries and services of the seller that the customer purchases from the seller.

1. Conclusion of contract
1.1. The offers contained in the seller's online shop serve to make a legally binding purchase offer to the customer.
1.2. The customer can submit the purchase offer through the ordering process, in writing, by email, by telephone, by fax or via the online order form integrated in the seller's online shop.
1.3. The seller will confirm receipt of the purchase offer by email or fax. A purchase contract is only concluded through a written order confirmation from the seller, but at the latest through the unconditional acceptance of the goods by the customer. The seller can accept the customer's offer within four working days of receipt by the seller or refuse to accept the customer's order. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
1.4. Contact and automated purchase processing take place via email. The customer must ensure that the email address he provided to complete the purchase is correct so that emails sent by the seller can be received at this address. In particular, in addition to using SPAM filters, the customer must ensure that all emails sent by the seller or their purchase processing service providers to process the purchase can be delivered.

2. Prices, due dates and payment terms
2.1. The prices and billing modalities can be found in the price and service list. They include statutory sales tax. Packaging and shipping costs are additional and are calculated separately and stated in the offer or in the shipping cost table. Additional costs may arise in individual cases for cross-border deliveries, such as additional taxes (e.g. in the case of an intra-community purchase) and/or duties, such as customs duties.
2.2. When concluding contracts via the online shop, the seller offers payment options in advance by bank transfer or cash on delivery.
2.3. If advance payment has been agreed, payment is due immediately after conclusion of the contract.
2.4. The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.

3. Delivery and shipping conditions, transfer of risk, retention of title
3.1. Goods are regularly delivered via shipping and to the delivery address specified by the customer. When processing the transaction, only the delivery address specified in the seller's checkout process is decisive. If there are returns due to undeliverability due to incorrect addresses, the customer must bear these costs if he is responsible for the circumstance.
3.2. The type of delivery remains at the discretion of the seller unless a specific shipping method has been agreed with the customer in writing.
3.3. The goods delivered by the seller remain the property of the seller until full payment has been made.

4. Return, Return Instructions
You can return the goods you received without giving any reason within 14 days by returning the goods. The period begins after receipt of this instruction in text form, which you will receive by email with the order confirmation, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations in accordance with § 312e Para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Only for goods that cannot be sent as parcels (e.g. bulky goods) can you declare the return by requesting the return in text form. To meet the deadline, it is sufficient to send the goods or request their return on time. In any case, the return will be at your expense and risk. The return or the return request must be made to:
JoeFrex GmbH
Roth Area
Kilianstr. 154
90425 Nuremberg (Germany)

• E-Mail: info@joefrex.de
• Fax: 0049 (911) 543 00 57

5. Liability for defects
5.1. For entrepreneurs, an insignificant defect generally does not give rise to claims for defects. Furthermore, the seller has the choice of the type of supplementary performance. For new goods, the limitation period for defects is one year from the transfer of risk; for used goods, rights and claims due to defects are generally excluded. The statute of limitations does not begin again if a replacement delivery was made within the scope of liability for defects.
5.2 For consumers, the limitation period for claims for defects for new goods is two years from delivery of the goods to the customer and, for used goods, one year from delivery of the goods to the customer.
5.3. For entrepreneurs, the statutory limitation periods for recourse claims in accordance with Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

6. Liability

6.1. The seller has unlimited liability for damages resulting from injury to life, body or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
6.2. Furthermore, the seller is only liable for intent and gross negligence, including on the part of his legal representatives and vicarious agents, unless an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). Furthermore, the seller is liable for whatever legal reason as follows:
6.2.1. If a cardinal obligation is breached, the seller is also liable for minor negligence. However, liability is limited to a total amount of EUR 500 as well as to damages that are typically expected to arise within the framework of a contract for the purchase of goods. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
6.2.2. If the seller has negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.

7. Data Protection
The collection, processing and use of the customer's personal data only takes place to the extent that the relevant legal regulations allow this. Personal data is therefore only collected and stored if the customer makes it available to the seller for contract processing. The personal data entered on this occasion will be used for contract processing, delivery by a transport company and to process customer inquiries. In addition, the data will be used for the purpose of future customer service and customer care, although the customer can object to this at any time. The use of personal data in the seller's online shop is in accordance with the seller's data protection declaration, which is listed separately in the online shop.

Art. 246 Information obligations for consumer contracts: The contract text is saved by the seller after the contract has been concluded and is accessible to the customer. The contract language is German.

8. Note on the Packaging Regulation
In order to implement the obligations under the Packaging Ordinance, the seller has joined a disposal service provider.

9. Applicable law, severability clause

9.1 These General Terms and Conditions are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is not known at the time the action is filed.
9.3 The language of the contract is German.
9.4 In the event that provisions of these General Terms and Conditions are or become invalid in whole or in part, this will not affect the effectiveness of the remaining provisions.

General terms and conditions, customer information and information on the disposal of batteries

§ 1 Scope, subject matter of the contract and identity of the seller

(1) The following provisions apply to all contracts between us, namely

JoeFrex GmbH
Dientzenhoferstr. 72
90480 Nuremberg
Germany
Phone: +49 (0)911-5430056
Fax: +49 (0)911-5430057
E-Mail: info@joefrex.de

as a seller, and you as a buyer about the sale and delivery of the items we offer via our online shop.

§ 2 Consumers and Entrepreneurs

(1) Our offers are aimed at both consumers and entrepreneurs.

(2) A consumer in this sense is any natural person who concludes a contract with us for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

(3) An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding the contract with us, acts in the exercise of their commercial or independent professional activity.

§ 3 Agreements and information on the conclusion of the contract

(1) The individual technical steps that lead to the conclusion of the contract, the conclusion of the contract itself and the options for correction take place in accordance with the following provisions.

(2) The display of the items in our online shop does not constitute a legally binding offer, but rather an invitation to order.

(3) Place the items you intend to purchase in your shopping cart. You can access the shopping cart using the corresponding button in the navigation bar and make changes there at any time. After accessing the order form, enter your personal data as well as the payment and shipping conditions. Before submitting the order, you have the opportunity to check all information again, change it - including using the "back" function of your internet browser - or cancel the purchase. Once you have gone through all the steps of the ordering process and then completed it by clicking the “Buy” button, you place a binding order for the items listed on the order page. The contract is concluded depending on the payment method you choose (immediate transfer, PayPal or advance payment) as follows:
If you pay by Sofortüberweisung, you will be redirected to the website of the provider SOFORT Transfer after sending the order. Once you have provided your details there and confirmed the payment order, the contract is concluded.
If you pay via PayPal, you will be redirected to the PayPal website when ordering, where you will provide your details and confirm the payment instructions. After sending the order, we will ask PayPal to initiate the payment transaction. This results in the conclusion of the contract.
If you pay in advance, we will accept your order by sending you an order confirmation by email, which will give you our bank details. This results in the conclusion of the contract. The order confirmation will take place immediately, but at the latest within 24 hours of receipt of your order.

(4) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email. You are therefore obliged to ensure that the email address you provide to us is correct and that receipt of emails is technically ensured, i.e. in particular that it is not blocked by SPAM filters, for example.

§ 4 Storage of the contract text and language of the contract

(1) We do not save the complete contract text. Before you send the order, you can print out or save the contract data electronically using the print function of your internet browser. After we have received your order, the order details, the general terms and conditions, including the information required by law for distance selling contracts, will be sent to you again by email.

(2) The language available for concluding the contract is German.

§ 5 Essential Characteristics of the Goods

The essential features of the goods can be found in the item description of the respective offers.

§ 6 Prices, shipping costs, return costs in the event of cancellation and payment conditions

(1) The purchase prices to be paid by you stated on the respective article pages include the statutory VAT.

(2) Additional shipping costs apply to every order. They can be accessed via a correspondingly labeled button in the respective item description, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery is guaranteed.

(3) In the event of cancellation, you will bear the direct costs of returning the goods.

(4) The available payment methods are listed in the respective item description.

(5) Unless otherwise stated for the individual payment methods, the purchase price to be paid by you is due for payment immediately.

(6) If a purchase is made on account via PayPal, we transfer our claim against you in full and irrevocably to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. You agree that PayPal (Europe) S.à r.l. et Cie, S.C.A. Using the transmitted data, we will carry out a credit check before accepting the assignment. We reserve the right to refuse you this payment method as a result of the credit check. You will be informed about this during the purchase process. If purchasing on account via PayPal is permitted, PayPal (Europe) S.à r.l. et Cie, S.C.A. the assignment, so that debt-discharging payments can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A. can be achieved. The payment period is 14 days from receipt of the goods.

§ 7 Delivery Conditions

The delivery conditions, the delivery date and any existing delivery restrictions can be found in the respective item description. Unless a different deadline is specified in the item description, the goods will be delivered within two weeks of the conclusion of the contract, but if advance payment has been agreed, only after the time of your payment instruction.

§ 8 Warranty

The statutory liability rights for defects apply to the goods.

§ 9 Dispute Resolution / OS Platform

(1) The European Commission offers consumers a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/, to which the consumer can turn in the event of disagreements in connection with a a purchase or service contract concluded online via electronic commerce.

(2) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Instructions for the disposal of batteries

We are required by law to inform you of the following in connection with the distribution of batteries or the supply of devices containing batteries:
After use, you can return batteries that we have or have had in our range free of charge.

As an end user, you are legally obliged to return used batteries.

The symbols shown on the batteries have the following meaning:
The symbol of the crossed out garbage can means that the battery must not be disposed of with household waste.

Hg = Battery contains more than 0.0005 percent mercury by mass.
Cd = battery contains more than 0.002 percent cadmium by mass
Pb = Battery contains more than 0.004 percent lead by mass