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Marketplace Terms of Use

We welcome you to the marketplace of JAB (hereinafter "Marketplace"). This is operated by the JAB JOSEF ANSTOETZ KG (hereinafter also "marketplace operator", "JAB" or "we").

I. Preamble

The following general marketplace conditions of use apply to the visit of the Marketplace of JAB, as well as the use of the services offered there. As a visitor and user of the Marketplace (hereinafter "User" or "You") you will find here u.a. Arrangements for the services offered such as, in particular, the negotiation of contractual agreements with the dealers who offer their goods or services via the Marketplace (hereinafter referred to as "dealers").

Conditions and instructions of the dealers, which additionally apply for the initiation, completion and execution of the contracts concluded on the Marketplace, can be found in the information provided by the dealers on the respective retailer details page (hereinafter "Microsite"). There you will find, for example the general terms and conditions and privacy notices of each dealer (hereinafter referred to as "dealer terms").

We have listed separately for the use of the Marketplace and its service data usage instructions on the Internet pages of the Marketplace.

If working days are specified in these marketplace conditions of use, this includes all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Bielefeld (NRW). Christmas Eve and New Year's Eve are treated as holidays.

II. Dispute settlement for consumers

Disputes in the relationship between traders and users are carried out in principle without the participation of JAB. However, we endeavor at any time to reach an agreement with the participants of the Marketplace and third parties. Use our service contact at jabverkauf@jab.de or our other contact details.

The European Commission maintains an online dispute resolution (ODR) platform with additional information, which can be accessed on the Internet at http://ec.europa.eu/consumers/odr/. However, JAB does not participate in, and is not obliged to, a formal dispute settlement procedure, including before consumer arbitration boards.

Hints of the dealers for their participation in dispute resolution procedures can be found on the respective microsite under the point "Imprint".

III. General Regulations for the Use of the Marketplace

1. Applicability

The use of this Marketplace during visits and / or the use of the functions offered there - even in the case of a contract with a dealer are exclusively in accordance with these market conditions of use and possibly the respective additional dealer terms and conditions. Any provisions of a user deviating from or supplementary to these market conditions of use shall not apply, even if we carry out our services in the knowledge of such provisions. Individual agreements with JAB remain unaffected. Deviations from these marketplace conditions of use require the express confirmation of JAB. For a contract of the user with a dealer apply in addition to its dealer terms and conditions for doing business on JAB.

These Marketplace Terms of Use apply in their entirety if the User expressly accepts these Marketplace Terms of Use, such as in the context of a purchase on the Marketplace. For visitors to the Marketplace, who only want to look around there or possibly use search / configuration functions - without a registration or a purchase is made - only part I - IV is determined to be valid

2. User, legal age

2.1. User

JAB offers consumers and companies the opportunity to use the functions and content offered on the Marketplace as well as the offers of the retailer as a user (after registration or, if applicable, also without registration).

2.2. Minimum age

If you would like to use the Marketplace, you must have reached the age of 18, as the offers on this website are only intended for adults of unlimited legal capacity. This also applies if you act as a representative or member of a legal entity.

3. Dealer

Traders registered on the Marketplace offer their goods and services (hereinafter referred to as "Articles") commercially and exclusively in their own name and for their own account. You are the exclusive contracting party of the User for the contracts concluded on the Marketplace. A separate duty of JAB is not justified.

4. Copyright, trademark rights of third parties

On the website of the Marketplace is material that may be subject to the copyright of JAB or third parties (for example, product images, product descriptions, logos, etc.). The exploitation rights, in particular the right for duplication and distribution are with the respective authors.

JAB hereby prohibits any use of content on the Marketplace outside the strict limits of copyright. In particular a reproduction, distribution or use of photos, graphics, sound documents, video sequences and texts from the offers on the Marketplace in other electronic or printed publications is not permitted without the express consent of JAB or the respective copyright holders.

All brand names and trademarks mentioned within the internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered or other rights holders. Just because of the mere mention is not to draw the conclusion that trademarks or other content is not protected by rights of third parties!

5. Limitation of Liability

5.1. General liability of JAB

JAB is liable for claims - in particular for tortious acts, organizational negligence, negligence on conclusion of contract or any other fault-based claims arising from breaches of duty - only if they are based on gross negligence on the fault scale or in the case of negligent breach of duty, the damage on a breach of essential contractual obligations (ie duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely) or claims based on §§ 1, 4 of the Product Liability Act. The exclusion of liability in the area of ordinary negligence contained in the above regulation shall not apply in the case of damage resulting from injury to life, limb or health, or in the case of the assumption of a guarantee of quality or the fraudulent concealment of a defect i.S.v. § 444 Civil Code. In these cases, JAB is not only liable in all cases of deliberate and grossly negligent breach of duty, but also in all cases of simple negligence. As far as the liability is regulated above, this also applies to the employees, employees, representatives and vicarious agents of JAB.

5.2. Force majeure

JAB is not liable for damages caused by the disruption of its operation or the infrastructure used for the operation of the Marketplace as a result of force majeure, riots, war and natural disasters or other events beyond JAB's control (eg strike, lockout, traffic disruption) , Orders from public authorities in Germany and abroad) or are due to non-culpable technical problems. This also applies insofar as these disruptions occur in the case of third parties commissioned by JAB.

5.3. No liability for dealers

JAB assumes no liability to the user for the correctness and legal conformity of the information provided by the merchants (in particular the merchant terms and conditions) and / or for the actions of a merchant.

6. Exclusion of users; Safety measures

6.1. Exclusion from the Marketplace

JAB is entitled to exclude users from continuing to participate in the Marketplace temporarily or for the future in the event of non-negligible infringements or violations of these Marketplace Conditions of Use. JAB can take these measures even if the user continues to complain about an alleged breach of contract or if he refrains from taking any action required.

6.2. Preliminary measures

JAB is also entitled, in its reasonable discretion, to temporarily suspend or suspend a user's participation if a final decision can not yet be made, but any detriment to other users, distributors, service providers employed by JAB or JAB is to be anticipated , In such cases, JAB may, in due proportion to the interests of the user and the interests of others concerned, take other appropriate measures to address impending adverse effects and / or damages.

IV. Use of services offered on the Marketplace

1. Services, placement of marketplace transactions

At the Marketplace, JAB has provided a set of hands-on services for the user. In particular, JAB arranges for the conclusion of contracts between the users and the offering dealers. For users, search and configuration services as well as payment options are offered in cooperation with payment service providers. The collected data on the contracting parties will be made available to the participants and service partners for the preparation and processing of the purchase and, if applicable, its termination and reversal. JAB reserves the right to make the customer's transactions accessible to him conveniently in his customer account.

2. Involvement of third parties by JAB

2.1. Authorization to engage third parties

JAB will provide a substantial portion of the offering on the Marketplace in collaboration with or through third parties (e.g., merchants, payment service providers, hereafter referred to as "Partners"). JAB is entitled to use such partners in the operation of the Marketplace and the provision of services or parts thereof. The duty to comply with further statutory provisions, for example in data protection law, remains unaffected.

2.2. Addressee of legal statements

Legal statements regarding the contractual relationship between the user and JAB are to be addressed to JAB via the contact details listed below. Legal declarations regarding contracts with the dealers are to be directed to the respective dealers.

3. Availability of the Marketplace

The maintenance of marketability and the scope of the offer and other services are at the discretion of JAB. JAB does not guarantee the uninterrupted availability of the Marketplace Platform and / or its services. In particular, JAB may temporarily suspend performance when required by security requirements, capacity limits, the integrity of the IT system or technical measures, or to ensure the proper or improved service performance of any maintenance work. JAB tries to limit the duration and number of interrupts or restrictions.

In addition, JAB endeavors to keep its services available without interruptions and to provide transmission without errors. However, JAB's domain of influence is, in particular, disruptions of the Internet infrastructure of the respective providers.

4. Prohibited uses

The user agrees to the use of software measures that cause in particular automated interventions and data transmissions, which complicate processes on the Marketplace, unduly burden the infrastructure of the Marketplace, affect the marketplace operation or infringe rights of the marketplace operator or by users or dealers of the Marketplace refrain.

V. Customer account ("Login")

To register, you must complete the registration process by providing the requested information and data correctly. There are special conditions for the registration, which are pointed out at the registration. Access is available to the user after registration has been completed via the JAB website for the duration of the usage relationship. Data which may be stored in the customer account for the user (eg billing address, delivery address, order data, preferred dealer, etc.) can also be used by him for postings via the Marketplace.

VI. Contracting on the Marketplace

1. Registration, guest customer, acceptance of the conditions

In principle, prior registration (see Part V) is required for the conclusion of contracts via the Marketplace with the dealers offering them on the Marketplace. According to JAB guest orders can be made without registration. Even as a guest customer, all information must be truthful.

2. Offers

2.1. Traders Offer

The articles presented on the Marketplace after the corresponding configuration and selection of a dealer are exclusively offers from the dealers. These are free in the pricing and for the fulfillment of the contractual services to the article, in particular the delivery obligation, warranty and fulfillment of any warranty commitments made by each alone responsible. The offers available via the Marketplace are non-binding unless they become the content of a contractual agreement.

2.2. Contract language

The conclusion of the contract on the Marketplace is currently in German only.

2.3. Prices

The prices advertised on the Marketplace are total prices (prices including any applicable sales tax and other price components) in Euro.

2.4. Configuration options

The configuration options (size of ordered curtains, type of suspension, etc.) may be limited in the offer for individual goods. Type and scope of the restriction can be found in the offer description.

2.5. Complaints about purchase contracts

A liability of JAB for the fulfillment of the contractual agreements with the dealers is excluded. Complaints and other complaints and concerns in connection with the concluded contract must always be addressed to the respective dealer.

3. Order, delivery, payment

3.1. Order process, conclusion of contract, contracting party

3.1.1. After configuration of the curtain and selection of the dealer, the goods can be placed in the shopping cart. After inserting an item into the shopping cart, you will initiate the order according 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 or register with your access data on the Marketplace. If an order is also offered as a guest customer, the details of the customer will be requested. The acceptance of the marketplace conditions of use is to be confirmed separately by the user. Existing shipping and payment options are then offered for selection in the ordering process. Before you send your order by clicking on the order button, your details will be listed again to check and correct any input errors.

3.1.2. By submitting your order, you submit a binding contract declaration for the offers of the selected dealer contained in the shopping cart. The acceptance of your order takes place in the order confirmation. That With the order confirmation a binding contract between you and the respective dealer is concluded.

3.1.3. The contract with the corresponding performance obligations for the or the items ordered from a dealer always comes only with the respective dealer, whose offer the user has selected for inclusion in the cart. The merchant terms and conditions of the selected merchant, which apply for the contract with the respective merchant, are offered to you before sending the order via a link to view and possibly archiving. By confirming the checkbox, the user accepts the merchant terms and conditions provided by the respective dealer for the contracts with him.

3.2. Order at several dealers

In an order process, only orders can be executed at a dealer. If ordering different items from different retailers is required, this must be done in separate order processes.

3.3. Communication to order

3.3.1. The notification of receipt of the order (order confirmation), with which the order is accepted on behalf of the dealer, takes place immediately after receipt of the order by JAB. This order confirmation contains once more the data of the respective order as well as the terms and conditions of the respective dealer, an order number that identifies this order as well as a customer number that identifies the orderer and the marketplace conditions of use. The order confirmation is also attached to the invoice.

3.3.2. In addition to information in the ordering process, communication with the user is made to the e-mail address stored in his customer account or, in the case of guest orders, to the e-mail address specified in the order process. In addition, a corresponding notification in the customer account, which a registered user can see (for example, as a status indication).

3.4. Invoice

The invoice will be sent to the users of JAB on behalf of the merchant in electronic format (PDF format) together with the order confirmation.

3.5. Delivery, supplier countries, shipping notification

3.5.1. The shipment of ordered goods is always done by JAB with DPD directly to the customer. An article offer may also include the ability to pick up the item at the local retailer at the specified merchant address. Items with different shipping options will be shipped separately. In any case, the power of disposition of the delivered articles shall be transferred at the earliest upon handover to the customer or a third party appointed by the latter.

3.5.2. A delivery is currently only possible to a desired address within Germany and Austria. Shipments to PO boxes or postage-based shipments are not possible. Also deliveries in so-called packing stations can not be delivered.

3.5.3. You will receive a message when the goods have been shipped. If the delivery has not been possible, the user receives a message from the carrier, from which the further possibilities arise. In case of delivery delays, you will immediately receive a message by e-mail.

3.5.4. If a merchant offers "pickup on the spot" shipping option and the user has opted for this shipping option when ordering, they will receive a shipping confirmation and an additional email when the order arrives at the pickup location and ready for pickup. To identify the authorization of the collector, the dealer may provide additional measures, such as the presentation of the invoice document and / or the identity card. Measures that are additionally provided by the dealer can be found in the general terms and conditions of the dealer (dealer's terms and conditions) with which you have ordered.

4. Payment

4.1. Payment processing

Concardis GmbH, Helfmann-Park 7, 65760 Eschborn (hereinafter also referred to as "Concardis") acts as a service provider for payment processing on the Marketplace. JAB reserves the right to use new payment service providers for the Marketplace.

4.2. Payment options

Which payment options exist in principle (for example, whether and which credit cards are accepted) can be found under "Delivery and Payment Conditions" on the Marketplace or in the terms and conditions of the respective dealer. You will also receive information on any necessary actions for further payment processing at the aforementioned link and through appropriate requests during the ordering process.

5. Returns

5.1. Handling of returns

As a user, you may be entitled to return purchased items to the merchant for legal reasons (such as the statutory right of withdrawal as a consumer or warranty rights) or for any rights granted by the merchant or for any goodwill decisions. In the case of the rescission of contracts (hereinafter also referred to as "returns"), the return of items generally takes place to the respective returns address of the dealer affected by the return. Please note that the return address does not have to match the address for correspondence. Details of the returns address can be found in the respective Merchant Terms and Conditions or on the Microsite of the respective Merchant.

5.2. Reimbursement of payments

In the case of a return, the means of payment which the user has used as a payment method during the transaction are used for possible repayments.

VII. Privacy, Consents

1. Privacy Policy

The privacy practice on the JAB Marketplace is governed by the law. Details regarding the collection, processing and use of your personal data by JAB and the partners used on the JAB Marketplace for the provision of services can be found in our Privacy Policy.

2. Consents of the user

JAB requires consent from the user for certain cases, without which JAB or the service providers can not provide the services offered. At this point, JAB has put together the consent for the user provided by the user JAB or the partners appointed by JAB with the acceptance of the marketplace conditions of use. JAB may ask the user outside these marketplace conditions to provide further consent, e.g. To be able to transmit information by e-mail or to be able to provide services in the future as part of new or extended services.

2.1. Disclosure of data to dealers

The user agrees that JAB will transfer the data relating to his transactions on the Marketplace of JAB, ie contracts concluded there with dealers, to the dealers for the purposes of the fulfillment of the contract, any subsequent warranty or guarantee processing and, if applicable, for the processing of returns and, if applicable for legally prescribed data uses, in particular product tracking u. Recall options and the fulfillment of commercial and tax obligations are transmitted. The transmitted data includes your address and contact details for the billing and delivery address (including name, salutation, title, the contact details for e-mail) and your order data with details of the order. Without appropriate information, orders can not be arranged and executed.

2.2. Notice for transmission for advertising purposes of the dealer

JAB allows the trader to use this information by way of judicious decision to fulfill his legitimate interests in the maintenance of his customer relationship and does not prohibit it (legal basis is not your above consent, but the exercise of the named interests of the trader according to Art. 6 para According to its individual data, the extent to which the retailer actually uses the data for this purpose depends on JAB's privacy policy.

You can at any time object to JAB disseminating your data for advertising purposes with future effect. In this case, JAB will promptly inform the dealer of your opposition. Any use in the past and for the other stated purposes remains unaffected. In addition, you may object to the use of your data for advertising purposes, even if they are used for profiling, with effect for the future.

2.3. Geolocation and delivery of shipping status information

The user agrees that the address data provided by him may be used to determine the distance between him and the offering dealers and their display on the Marketplace. The ad is based on this usage when the user is logged in to the account.

The user agrees that the shipping service provider used to deliver goods ordered on JAB transmits data on the status of the shipment to JAB.

The user agrees that the respective merchant can also receive, process and use this data for queries from the user (contract processing and delivery status) and for checking the delivery.

2.4. Revocation of consent in favor of JAB u. third

The user may revoke the above-mentioned consents - in whole or in part - at any time with effect for the future to the company address of JAB mentioned at the beginning (of course, possibly also with effect to the beneficiaries of the consent).

2.5. Consequences with revocation of consent

The User acknowledges that the transmission, processing and use of the data provided for in Part VII. Is a prerequisite for the participation as a registered user and the completion and execution of transactions on the Marketplace and entitles to the revocation of the consent of JAB. exclude the user from participating in the Marketplace or terminate the relationship with a registered user.

 

VIII. Service

JAB attaches great importance to user satisfaction. Users can contact JAB at any time using any of the contact channels listed below. JAB endeavors to examine users' concerns as quickly as possible and, if necessary, will report this to the user concerned upon receipt of requested documents or the submission or complaint. If you have complaints, you can help us if you describe the subject of the problem as accurately as possible and, if necessary, indicate the order number or customer number. Please note that JAB is not a party to the sales completed on the Marketplace, but the distributor. We strive to assist you with questions about specific features on JAB, registration on or for the JAB ordering process, or messages sent by JAB. Concerns for the fulfillment of the purchase contract are best addressed directly to the dealer or we pass your data to the appropriate dealer. If you have any questions about payment options, please do not hesitate to contact our service or forward them to the dealer or Concardis, which will then contact you about us or directly. If you do not receive a response, please ask. In rare cases, emails may have "stuck" in spam filters at JAB or the user, or a message by other means has not reached the user or has been inadvertently omitted.

IX. Final 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 Sales Law (CISG) does not apply to this contract and the individual transactions concluded between the parties.

2. Jurisdiction

In business transactions with merchants and legal persons under public law, the place of jurisdiction for all disputes concerning these terms and conditions and the individual contracts concluded under their validity, including bill of exchange and check claims, shall be JAB's registered office in Bielefeld. JAB is also entitled to sue at any other place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by the above regulation.

3. Severability clause

Should individual provisions of this contract not be legally effective in whole or in part or lose their legal validity later, the validity of the conditions of use will not be affected otherwise. The ineffective provisions are replaced by the statutory provisions. The same applies if the conditions of use have an unforeseen gap.

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

Authority to act on behalf of the company:
Personally liable partners: 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
 
Commercial register:
Bielefeld HRA 11481
 
Tax ID.-No.:
DE 126937328

 
You can contact our customer service for questions and complaints:
Monday - Thuesday: 8:00 - 17:30
Friday: 8:00 - 15:45 Uhr
Phone: +49 521 2093-0
E-mail: jabverkauf@jab.de