General Terms and Conditions of Business
OF THE COMPANY JOHANSSON TRADING, CALLED JOHTRADE
- Sale and delivery as well as any other legal transactions are only carried out according to the following terms and conditions.
- These terms and conditions apply to all contracts, deliveries and other services. The buyer's terms and conditions of purchase are hereby rejected.
2. Offer and conclusion
- Offers are always subject to confirmation; orders are always placed by telephone, fax or via the Internet by e-mail or in writing.
- The order will only be processed after receipt of the advance payment on the seller's account. In case of impossibility of delivery, the down payment amount will be refunded.
- The managing director as well as persons with procuration or power of attorney shall be entitled to represent the commercial agent. Verbal declarations by persons authorised to represent the seller shall remain unaffected by the above provisions under point 2.
- JohTrade expressly reserves the right to make price changes, technical changes or prior sale.
3. Prices and payment
- Prices for companies are always exclusive of statutory VAT, for private customers inclusive. Discounts are not granted without additional agreement. The invoice amount is due immediately without deductions.
- The purchase price for private individuals is payable in advance, by transfer to one of our bank accounts. Any packaging, cash on delivery and shipping charges incurred are to be borne by the buyer in the case of delivery by cash on delivery. In the case of shipment abroad, the packaging, cash on delivery and shipping costs will be calculated on a case-by-case basis according to weight and volume and invoiced to the customer or added to the total value of the goods. The name and order number must always be stated in bank transfers and correspondence.
- In the case of delivery abroad, the customer will be invoiced for the customs, freight and shipping charges incurred for this.
- The goods shall remain the property of JohTrade until payment has been made in full.
- In the event of unpaid direct debits or returned direct debits, a processing fee of € 20.00 plus the reminder costs due will be charged.
- Delivery on invoice is only made to customers from the European Union. Delivery is only made to companies that do not have any open dunning procedures/enforcement proceedings!
- All prices are binding for the day of the order date.
4. Obtaining information and passing on data
- If the customer consents, JohTrade may obtain general banking information from the customer's account-holding credit institution for the purpose of checking the customer's creditworthiness, insofar as this is necessary in connection with the performance of this contract.
- The customer can obtain information about the data stored by us at any time. An informal letter with a certified copy of an identity document is sufficient for this purpose.
- The data stored by the customer will only be passed on to third companies insofar as this is necessary for the completion of the order.
5. Terms of delivery, delay, impossibility of delivery
- Deliveries are subject to correct or timely delivery by the Seller's suppliers. JohTrade shall not be liable in any case for delayed or non-delivery (impossibility) due to the fault of its suppliers.
- The expiry of certain delivery periods and dates does not exempt the buyer who wishes to withdraw from the contract or claim damages for non-performance from setting a reasonable period of grace for performance and declaring that he will refuse performance after expiry of the period. This shall not apply insofar as JohTrade has expressly designated a deadline or a date for performance as binding in writing.
- JohTrade shall only be liable for exceeding delivery deadlines in the event of intent or gross negligence.
- JohTrade reserves the right to determine the delivery methods itself. As a rule, delivery is made immediately, but at the latest after four working days, after the terms of payment have been met, in urgent cases immediately by invoice. Confirmed delivery dates are in principle non-binding. We reserve the right to make partial shipments.
6. Right of withdrawal
- For orders under € 50.00, you are no longer bound to your order if you cancel within a period of two weeks after receipt of the goods. The revocation does not have to contain a reason and can be made in writing (e-mail is sufficient) or by returning the goods. To meet the deadline, it is sufficient to send the goods in good time to JohTrade, Augsburgerstr. 19, D-86495 Rehrosbach, stating the order number, name and order date. We do not assume the costs of returning the goods. Please frank the package sufficiently. We will not accept freight collect shipments or shipments with insufficient postage.
- Excluded from return are: Goods if they are damaged, as well as custom-made goods.
- Should any part of these terms and conditions be invalid for any reason, this shall not affect the validity of the remaining content of the contract.
- The buyer agrees that we may store and use the data received from the business relationship with him in accordance with the Data Protection Act for our own business purposes. This data will not be passed on to third parties.
9. Final provisions
- Place of performance is Munich.
- The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
- 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 shall be the registered office in Munich. The same applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.
- Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
- In the event of a loophole, the parties shall agree on a provision that helps to enforce the parties' intentions as discernible from the entire content of the contract.
- All brand names mentioned are registered trademarks of their owners and are used only to indicate the compatibility of our products.
10. Data processing for contract performance
Purpose of processing
- Your personal data, which you provide to us in the ordering process, is required for the conclusion of a contract with us. You are not obliged to provide your personal data. However, we cannot send you the goods without informing you of your address. The processing of your data entered in the ordering process is therefore carried out for the purpose of fulfilling the contract.If you send us an enquiry by e-mail, via a contact form, etc. before concluding the contract, we process the data received in this way for the purpose of carrying out pre-contractual measures and answering your questions about our products, for example.
- The legal basis for this processing is Art. 6 para. 1 b) DSGVO.
- We store the data required for processing the contract until the expiry of the statutory warranty and, if applicable, contractual guarantee periods.
- We keep the data required by commercial and tax law for the periods specified by law, regularly ten years (cf. § 257 HGB, § 147 AO).
- The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and there is no recognisable conclusion of a contract.
The following data is recorded when orders are placed in the online shop:
- First name, last name
- Payment data
- Order data
- Date of payment