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Marketplace Terms of Use

Welcome to the marketplace of JAB (hereinafter "marketplace"). It is operated by JAB JOSEF ANSTOETZ KG (hereinafter also referred to as "marketplace operator", "JAB" or "we", "us", or "our").

I. Preamble

The following general marketplace terms of use apply to the visit of JAB's marketplace as well as the use of the services offered there. As visitor and user of the marketplace (hereinafter "user" or "you") you will here find, among other things, the rules concerning the services offered, e.g. in particular the brokerage of agreements with retailers offering their products or services through the marketplace (hereinafter "retailers" or "retailer").

Terms and conditions of the retailers that additionally apply for initiation, conclusion, and execution of the agreements concluded on the marketplace can be found in the retailer information on the respective retailer detail page (hereinafter "microsite"). There, you will find, for example, the General Terms and Conditions and privacy notices of the individual retailers (hereinafter "retailer GTC").

The privacy policy applicable for the use of the marketplace and its services is listed separately on the marketplace internet pages. 

If business days are referenced in these marketplace terms of use, this means all business days, excluding Saturdays, Sundays, and legal holidays at our domicile in Bielefeld (North Rhine-Westphalia, Germany). Christmas Eve and New Year's Eve are holidays.

II. Dispute resolution for consumers

Disputes in the relationship between retailers and users are generally carried out without the participation of JAB. However, we strive to reach agreements between marketplace participants and third parties. Use our service contact under jabverkauf@jab.de or any other contact option.

The European Commission maintains a platform for online settlement of disputes (OS) with additional information, which is available online at http://ec.europa.eu/consumers/odr/. JAB, however, does not participate in a formal dispute resolution proceeding, also not before consumer arbitration boards, and is also not obligated to do so.

Retailers' information concerning their participation in dispute resolution proceedings is available on the respective microsite under the item "legal notice". 

III. General regulations concerning the use of the marketplace

1. Applicability

The use of this marketplace during visits and/or the use of the functions offered there - also upon conclusion of an agreement with a retailer - are subject exclusively to these marketplace terms of use as well as possible additional retailer GTC. Provisions of a user that deviate or supplement these marketplace terms of use do not apply even if we perform our services in awareness of such provisions. Individual agreements with JAB remain unaffected. Deviations from these marketplace terms of use require the express confirmation of JAB. The retailer GTC for transactions on JAB apply additionally for the conclusion of an agreement of the user with a retailer.

These marketplace terms of use apply overall if the user expressly accepts these marketplace terms of use, e.g. within the scope of a purchase on the marketplace. Only Part I - IV. applies to visitors of the marketplace that only want to take a look around or use possible search/configuration functions without registering or concluding a purchase.

2. Users, legal age

2.1. Group of users

JAB offers consumers and businesses the option of using the functions and content offered on the marketplace as well as retailers' offers as users (after registration or later possibly also without registration).

2.2. Minimum age

If you wish to use the marketplace, you must have reached the age of 18, because the offers on this website are intended only for persons with unlimited legal capacity. This also applies if you act as a representative or member of a legal entity.

3. Retailers

The retailers registered on the marketplace offer their products and services (hereinafter "items") commercially and exclusively on their own behalf and for their own account.  They are the user's exclusive contractual partners with regards to the agreements concluded on the marketplace for items. A separate performance obligation by JAB is not established. 

4. Copyright, third-party trademark rights

The marketplace websites contain material that is subject to the copyrights of JAB or third parties (e.g. product images, product descriptions, logos, etc.). The respective copyright holders have usage rights, in particular the right to reproduction and dissemination.  

JAB herewith prohibits any use of the marketplace content outside of the strict limits of copyright law. A reproduction, dissemination, or use of photos, graphics, audio documents, video sequences, and texts from the offers on the marketplace and other electronic or printed publications is in particular prohibited without the express consent of JAB or the respective rights holder.  

All trademarks and brand names possibly protected by third parties that are listed within the internet offer are subject, without limitations, to the provisions of the respective applicable trademark law and the property rights of the respective recorded or other rights holder. The mere mention does not give rise to the conclusion that trademarks or other content are not protected by third-party rights!   

5. Liability limitation

5.1. General liability of JAB

JAB is liable only for claims - in particular claims arising from tortious liability, organizational fault, fault in the conclusion of an agreement (culpa in contrahendo), or possible other negligence-based claims arising from a breach of duty - only where such are based on intent or gross negligence or in the event of negligent breach of duty if the damage is due to a breach of material contractual obligations (i.e. obligations the fulfilment of which allow for the execution of the agreement in the first place and in the fulfilment of which the contractual partner can place its trust) or claims pursuant to Sections 1, 4 of the German Product Liability Act (ProdHaftG). The liability limitation included in the above regulation with regard to the area of simple negligence does not apply in case of damages arising from injuries to life and limb, as well as in case of the assumption of a quality guarantee or fraudulent concealment of a defect in terms of Sec. 444 German Civil Code (BGB). In these cases, JAB is liable not only in all cases of wilful and grossly negligent breach of duty but also in all cases of simple negligence. Insofar as liability is regulated above, this also applies to employees, staff, representatives, and vicarious agents of JAB.

5.2. Force majeure

JAB is not liable for damages caused by the interruption of its operation or the infrastructure used for operation of the marketplace due to force majeure, civil turmoil, acts of war, natural phenomenons, or due to other events that are not within the scope of responsibility of JAB (e.g. strike, lockouts, traffic disruptions, public orders from domestic or foreign authorities), or technical problems with no culpable cause. This also applies insofar as these interruptions occur at third parties commissioned by JAB.

5.3. No liability for retailers

JAB does not accept any liability vis-à-vis the user for the accuracy and legal compliance of the information provided by the retailers (in particular retailer GTC) and/or for the acts of a retailer.

6. Exclusion of users; safety measures

6.1. Exclusion from the marketplace

JAB is authorized to exclude users from further participation in the marketplace, either temporarily or permanently, in case of the existence of not merely insignificant infringements or violations against these marketplace terms of use. JAB may take these steps even if the user continues the reprimanded noncontractual conduct after a complaint or omits an advisable act.

6.2. Temporary measures

JAB at its own discretion is furthermore authorized to temporarily restrict or temporarily suspend participation of the user if a final decision cannot yet be made, but if adverse consequences may arise for other users, retailers, service providers used by JAB, or for JAB, until clarification. In these cases, the JAB with reasonable consideration of the user's interests and the interests of other affected parties can also take other reasonable measures to avert imminent harm and/or damages.

IV. Use of services offered on the Marketplace

1. Services, brokerage of marketplace transactions

JAB has provided for a series of practical services for the users on the marketplace. In particular, JAB brokers the conclusion of agreements between the users and offering retailers. Search and configuration services as well as corresponding payment options (in collaboration with payment service providers) are offered to users. The collected data on the contractual parties is provided to the participants and service partners for preparation and processing of the purchase as well as possibly its termination and unwinding. JAB reserves the right to make the customer's transactions accessible in the customer's account for the customer's convenience.

2. JAB's use of third parties

2.1. Authorization to use third parties

JAB provides an essential part of the offer provided for on the marketplace in collaboration with or through third parties (e.g. retailers, payment service providers; hereinafter "partners"). JAB is authorized to use such partners within the scope of operating the marketplace and providing the services or parts thereof. The obligation to comply with further statutory provisions, e.g. data privacy laws, remains unaffected. 

2.2. Recipient of legal declarations

Legal declarations concerning the contractual relationship between the user and JAB must be addressed to JAB through the contact information listed below. Legal declarations concerning agreements with retailers must be addressed to the respective retailers.

3. Marketplace availability

Maintaining the availability of the marketplace and the scope of the offer and other services is at the discretion of JAB. JAB does not guarantee uninterrupted availability of the marketplace platform and/or its services. In particular, JAB may temporarily restrict services if this is necessary in light of safety requirements, capacity limits, the integrity of the IT system, or for the performance of technical measures, or if this serves the proper or improved provision of services within the scope of maintenance. JAB attempts to limit the duration and frequency of interruptions or restrictions.

For the rest, JAB strives to keep its services available without interruptions and to provide error-free transmissions. Malfunctions of the corresponding provider's internet infrastructure are, however, not within the scope of influence of JAB.  

4. Prohibited uses

The user is obligated to refrain from using software measures that in particular effect automated interferences and data transmission that obstruct processes on the marketplace, that unreasonably strain the infrastructure of the marketplace, that restrict marketplace operation, or infringe upon rights of the marketplace operator or users or retailers.

V. Customer account ("Login")

In order to register, you must complete the registration process with correct disclosure of the requested information and data. Separate terms may possibly apply for registration, to which reference is made during registration. Access is available to the user after complete registration through JAB's website for the duration of the user relationship. Data possibly stored for the user in the customer account (e.g. billing address, delivery address, order information, preferred retailers, etc.) can also be used by the user for orders through the marketplace.

VI. Conclusion of agreements on the marketplace

1. Registration, guests, acceptance of terms

Prior registration is generally necessary (cf. Part V) to conclude agreements through the marketplace with retailers offering on the marketplace. As specified by JAB, guest orders without registration may also be possible. As a guest, all information must also be accurate.

2. Offers

2.1. Retailer Offer

The items presented on the marketplace after corresponding configuration and selection of a retailer are exclusively offers by the retailers. They are free to set their own prices and are each themselves responsible for the contractual services concerning the item, in particular delivery obligation, warranty, and fulfilment of guarantee commitments possibly issued by the retailer. The offers retrievable through the marketplace are not binding as long as they are not the subject matter of a contractual agreement.

2.2. Contractual language

Agreements are currently concluded on the marketplace exclusively in the German language. 

2.3. Prices

The prices advertised on the marketplace are total prices (prices including possibly incurred value added tax and other pricing components) in euros.

2.4. Configuration options

The configuration options (size of available curtains, type of hanging, etc.) may be restricted for individual products in the offer. Type and scope of the restriction are described in the offer. 

2.5. Complaints about purchase agreements

JAB's liability for the fulfilment of the contractual agreements with the retailers is excluded. Complaints and other grievances and concerns in connection with the concluded agreement must generally be addressed exclusively to the respective retailer.

3. Order, delivery, payment

3.1. Processing of the order, conclusion of agreement, contractual partner

3.1.1. After configuration of the curtain and selection of the retailer, the product can be added to the shopping basket. After adding an item to the shopping basket, you initiate the order, subject to the General Terms and Conditions of the selected retailer, which must be accepted separately at the end of the order process, by clicking on the "order" button. To execute an order, you must log in to the marketplace using your access data or you must register there. Insofar as the placement of an order as a guest is offered, the purchaser information is also requested. Acceptance of the marketplace terms of use must be confirmed separately by the user. Available shipping and payment options are then offered for selection in the order process. Before sending your order by clicking on the order button, your information is once again listed for review and correction of possible errors.  

3.1.2. By sending your order, you issue a binding declaration of contract concerning the offers of the selected retailer contained in your shopping basket. Your order is accepted with the order confirmation. I.e. the order confirmation establishes a binding agreement between you and the respective retailer.  

3.1.3. The agreement with the corresponding performance obligations concerning the item or items ordered from a retailer is concluded only with the respective retailer whose offer the user chose to add to the shopping basket. The retailer GTC of the selected retailer claiming validity for the agreement with the respective retailer are made available to you in a link for review and possible archiving prior to sending the order. By confirming the checkbox, the user accepts the retailer GTC of the respective retailer that are provided for the agreements with that retailer.  

3.2. Order from multiple retailers

Only orders from one retailer can be executed in one order process. Insofar as an order of various items from various retailers is desired, this must be done in separate order processes.

3.3. Communication concerning orders

3.3.1. The notifications that the order has been received (order confirmation), through which the order is accepted on behalf of the retailer, are issued immediately after faultless technical receipt of the order by JAB. This order confirmation once again contains the data of the respective order as well as the GTC of the respective retailer underlying the agreement, an order number identifying that order, as well as a customer number identifying the purchaser, and the marketplace terms of use. An invoice is also enclosed to the order confirmation.  

3.3.2. The communication with the user takes place through notes in the order process as well as to the email address listed in the user's customer account or in case of guest orders the email address entered during the order process. A corresponding notification may also be provided in the customer account, which a registered user can access (e.g. status information).   

3.4. Invoice

JAB transmits the invoice in electronic format (PDF format) to the users on behalf of the retailer, together with the order confirmation. 

3.5. Delivery, delivery countries, shipping notification

3.5.1. Ordered products are generally shipped by JAB via DPD directly to the customer. An item offer may also include the option for picking up the item at the retailer's location at the retailer's listed address. Items with different shipping options are delivered separately. The power to dispose over the delivered items is in any case transferred at the earliest upon transfer to the customer or a third party specified by it.

3.5.2. Delivery is currently possible only to a requested address within Germany and Austria. Shipping to post office boxes or general delivery is not possible. Deliveries to so-called packing stations can also not be released.

3.5.3. You will receive a message once the product is dispatched. If delivery was not possible, the carrier will leave a message for the user that will list further options. In case of delivery delays, you will immediately be notified by email.

3.5.4. If a retailer offers the shipping option "pickup on-site" and if the user during the order chose this shipping option, the user will receive a dispatch confirmation as well as an additional email once the order has been received by the retailer and is ready for pickup. The retailer may provide for additional measures to identify the collector's authorization, e.g. presentation of the invoice and/or identity card. Measures additionally provided for by the retailer are listed in the General Terms and Conditions (retailer GTC) of the retailer where you placed your order.

4. Payment

4.1. Payment processing

The company Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany (hereinafter "Concardis") is the service provider for payment processing. JAB reserves the right to use new payment service providers for the marketplace.

4.2. Payment options

The generally available payment options (e.g. whether and which credit cards are accepted) are listed under "Delivery and Payment Conditions" on the marketplace or in the respective retailers GTC. Information concerning possibly required actions for further payment processing is also available under the above-stated link and in corresponding requests during the order process.

5. Returns

5.1. Processing of returns

As a user, you are authorized to return purchased items to the retailer based on legal reasons (e.g. the statutory withdrawal right as consumer, or rights within the scope of warranties) or based on contractual rights granted by the retailer or based on goodwill decisions. In case of an unwinding of agreements (hereinafter "return"), items are generally returned to the respective return address of the retailer affected by the return. Please note that the return address may not coincide with the correspondence address. Information concerning the return address is listed in the respective retailer GTC and/or the microsite of the respective retailer.

5.2. Payment refunds

In case of a return, the means of payment that the user in the transaction used as payment method will be used for possible refunds.

VII. Data protection, consent

1. Privacy Policy

The data protection practice on the JAB marketplace is subject to statutory provisions. Details concerning collection, processing, and use of your personal data by JAB and the partners used on the JAB marketplace for provision of services is available in our privacy policy.

2. Users's consent

In certain cases, JAB requires the consent of the user; without this consent, JAB or the partners used for provision of services cannot provide the offered services. JAB here has compiled the consent in this regard for the user, which the user grants to JAB or the partners used by JAB upon acceptance of the marketplace terms of use. JAB may ask the user outside of these marketplace terms of use to grant additional consent, e.g. to transmit information by email or to provide services in the future within the scope of new or expanded services.

2.1. Forwarding of data to retailers

The user consents that JAB transmits the data concerning the user's transactions on the JAB marketplace, i.e. agreements concluded there with retailers, to the retailers for the purpose of fulfilment of contract, possible future warranty and guarantee processing, as well as possible processing of returns, and possible statutory data use, in particular product tracking and recall options, as well as the fulfilment of obligations under trade and tax law.  

The transmitted data includes your address and contact information for the billing and delivery address (including name, form of address, title, email contact information) and your order information including the order amount. Orders cannot be brokered and executed without the corresponding applicable information.  

2.2. Information concerning transmission to the retailer for advertisement purposes

JAB allows retailers to use this data to reach a carefully considered decision for the fulfilment of its legitimate interests in maintaining the customer relation and does not prohibit them (legal basis therefore is not your above consent but the safeguarding of the retailer's listed interests pursuant to Art. 6 (1) lit. f GDPR. Whether and to which extent the retailer actually uses the data for these purposes is subject to the retailer's individual information in its privacy notices on JAB.

You can object to the forwarding of your data for advertisement purposes with effect for the future vis-à-vis JAB at any time. In this case, JAB will immediately inform the retailer of your objection. Past use and use for the other listed purposes remains unaffected. You can also object vis-à-vis the retailer to the use of your data for advertisement purposes, also insofar as this use is for the purpose of profiling, with effect for the future.

2.3. Geolocation and transmission of shipping status information

The user consents that the address information entered by it can be used to determine the distance between the user and the offering retailers as well as their display on the marketplace. Display is based on this use if the user is logged into its account.  

The user consents that the shipping provider used to deliver the products ordered on JAB transmits data concerning the status of the shipment to JAB.  

The user also consents that the respective retailer can receive, process, and use this data for the user's inquiries (contract processing and delivery status) and to verify delivery.  

2.4. Withdrawal of consent to the benefit of JAB and third parties

The user can at any time with future effect withdraw the above-listed consent - in part or in total - to the company address of JAB listed above (possibly also with effect vis-à-vis the partners benefiting from the consent).

2.5. Consequences in case of withdrawal of consent

The user recognizes that the transmission, processing, and use of the data provided for in the consent under Part VII. constitutes a prerequisite for participation as registered user and the conclusion as well as execution of transactions on the marketplace, and that a withdrawal of consent authorizes JAB to exclude the user from participation in the marketplace or in case of a registered user to terminate the customer relationship.

 

VIII. Service

The satisfaction of users is a priority for JAB. In case of concerns, users can contact JAB at any time through one of the contact options listed below. JAB strives to review the user's concerns as quickly as possible and for this purpose will contact the affected user, possibly after receiving documents requested or after input or complaint. In case of complaints, please help us by describing the problem as precisely as possible and listing the order number or customer number, if possible. Please note that the retailer, not JAB, is the contractual partner for sales concluded on the marketplace. We strive to assist in case of questions concerning specific functions on JAB, registration, or the order process on JAB, or messages dispatched by JAB. Concerns regarding the fulfilment of the purchase agreement are ideally addressed directly to the retailer or we will forward your data to the respective retailer for this purpose. We are happy to answer your questions concerning payment options or we will forward them, e.g. questions concerning payment processing, to the retailer or to Concardis; they will then contact you directly or through us. Please inquire again if you do not receive a response. In rare cases, emails may "get hung up" in spam filters at JAB or at the user, or a message may otherwise not have reached the user or may not have been sent.  

IX. Closing provisions

1. Applicable law

The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with JAB. The Uniform Trade Law (CISG) does not apply to this agreement and the individual transactions concluded in the execution of this agreement between the parties.

2. Place of jurisdiction

Bielefeld, Germany, is the negotiated domicile of JAB in commercial transactions with business persons and legal entities under public law, the place of jurisdiction for all legal disputes regarding these business terms and the individual agreements concluded thereunder, including actions on bills of exchange and checks. JAB is also authorized to initiated legal action and any other statutory claims of jurisdiction. A possible exclusive place of jurisdiction remains unaffected by the above regulation.

3. Severability clause

In the event that individual provisions of this agreement should be legally invalid in whole or in part or lose their legal validity at a later time, this does not affect the validity of the remaining terms of use. The statutory provisions take the place of the invalid provisions. The same applies insofar as the terms of use contain an unintended gap.

Provider of the JAB Marketplace is the
JAB JOSEF ANSTOETZ KG
Potsdamer Straße 160
33719 Bielefeld

Authority to represent
Personally liable shareholders: Ralph Anstoetz, Stephan Anstoetz, Heinz Anstoetz GmbH, Bielefeld, Commercial Reg. No. 30095. Management of Heinz Anstoetz GmbH: Ralph Anstoetz, Stephan Anstoetz, Claus Anstoetz, Chris Jacob Schminnes
 
Legal form:
KG (limited partnership)
 
Commercial register:
Bielefeld HRA 11481
 
VAT ID.-No.:
DE 126937328

 
You can reach our customer service for questions and complaints:
Monday through Thursday: 8:00 a.m. - 5:30 p.m.
and Fridays: 8:00 a.m. - 3:45 Uhr p.m.
under the telephone number: +49 521 2093-0
and by email to: jabverkauf@jab.de