AGB


General Terms and Conditions with Customer Information

  1. Area of validity
  2. Conclusion of contract
  3. Prices and terms of payment
  4. Delivery and shipping conditions
  5. Right of withdrawal
  6. Retention of title
  7. Liability for defects
  8. Liability
  9. Indemnification in case of violation of third party rights
  10. Redemption of promotional vouchers
  11. Applicable law
  12. Place of jurisdiction
  13. Information on online dispute resolution


1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "JUST BLACK * WHITE GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.


2 Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.

2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.

At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket. The customer may also submit this offer to the seller by fax, email, post or telephone.

2.3 The Seller accepts the Customer's offer through the following possible alternatives:

Sending a written order confirmation or an order confirmation in text form (fax or email) or

requesting payment from the customer after the order has been placed, or

delivery of the ordered goods

Decisive for the time of acceptance is the first alternative that occurred.

The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.

2.6 The contractual language is German.

2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions in such a way that emails relating to this order can be delivered.


3. prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.

If additional shipping costs are incurred, this can be found in the product description.

3.2 The customer can select the payment methods available in the online shop.

3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.4 If payment is made by "PayPal", the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.5 In the case of payment on account, the purchase price is due after delivery of the goods and invoicing. The purchase price must be paid within 14 days of receipt of the invoice.

The Seller reserves the right to carry out a credit check and to reject the purchase on account in the event of a negative credit check. The buyer is free to choose other methods of payment.


4. delivery and shipping conditions

4.1 The delivery of goods by dispatch shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment via PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs shall be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk shall generally only take place when the goods are handed over to the customer or a person authorised to receive them.

By way of derogation from this, the risk shall also pass to consumers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment itself and the seller has not previously named this person or institution to the customer.

4.4 The conclusion of the contract shall be subject to the reservation that in the event of improper, delayed or non-existent self-delivery, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that there is a congruent hedging transaction between the seller and the supplier, the seller is not responsible for the improper, delayed or non-existent self-delivery and it cannot be remedied with reasonable efforts. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5 In the case of agreed self-collection, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can collect the goods at the seller's registered office or at an agreed location by arrangement with the seller. In this case, no shipping costs will be incurred.

4.6 Vouchers are provided to the customer in the following form:

  • by e-mail
  • via download
  • by post


5. right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The right of withdrawal is governed by the seller's cancellation policy.

5.3 Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract do not have a right of withdrawal.


6. retention of title

6.1 In the case of contracts with consumers, the goods remain the property of the seller until payment has been made in full.

6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business.

The customer shall assign to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this shall not affect the right of the seller to collect the claims himself. However, the seller shall refrain from collecting the claims as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.


7 Liability for defects

With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.

7.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;

in the case of used goods, the rights and claims due to defects are generally excluded;

in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;

the limitation period shall also not recommence if a replacement delivery has been made within the scope of liability for defects.

7.2 If the customer is acting as a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation

shall not apply

to items which have been used for a building in accordance with their customary use and have caused its defectiveness,

for damages culpably caused by the seller resulting from injury to life, limb or health and in the case of damages caused by gross negligence or wilful intent.

or in the event of fraudulent intent on the part of the Seller as well as in the event of claims pursuant to §§ 478, 479 BGB.

7.4 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB

shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duties of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB).

7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods received with obvious transport damage and to inform the seller thereof.

It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.


8 Liability

The liability of the seller from all contractual, quasi-contractual and statutory, as well as tortious claims for damages and reimbursement of expenses is determined as follows:

8.1 The Seller shall only be liable without limitation for damage that is attributable to intentional or grossly negligent conduct.

In the event of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.

An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on.

The Seller shall also be liable as regulated above on the basis of a guarantee promise, unless otherwise regulated in this respect.

This also applies to indirect consequential damages such as, in particular, loss of profit and to mandatory liability such as under the Product Liability Act.

8.2 Liability is - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply mutatis mutandis to the benefit of the Seller's employees and vicarious agents.


9 Indemnification in case of violation of third party rights

If, in addition to the delivery of the goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against claims of third parties in this context, unless the customer is not responsible for the infringement. The indemnity shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.


10 Redemption of promotional vouchers

10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.

10.2 Promotion vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion.

The specific restrictions, if any, can be found on the promotional voucher.

10.4 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.

10.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.

10.6 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8 The credit balance of a promotional voucher is neither paid out nor does it earn interest.

10.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of withdrawal.

10.10. The promotion voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.


11. applicable law

11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.

The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

11.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and theirsole place of residence and delivery address are outside the European Union at the time of conclusion ofthe contract.


12. place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.

If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.

Nevertheless, in the aforementioned cases, the seller is also entitled to invoke the court at the customer's place of business.


13. information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link:https://ec.europa.eu/odr.

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but we are generally prepared to do so.