GTC JumpandReach Spirit – General Terms and Conditions of Delivery and Business for the B2C online shop
1. Scope of applicability
1.1 Identity of the seller
The online shop www.jumpandreach-spirit.com (hereinafter referred to as the “online shop”) is a website of JumpandReach GmbH (hereinafter referred to as: “JumpandReach” or “we”), a limited liability company under Austrian law whose business address is: Sonnenburgstraße 15, A-6020 Innsbruck. Below you will find our General Terms and Conditions of Business, which form the basis for the processing and handling of your purchase.
1.2 Identity of the buyer
The “buyer” is any person who purchases JumpandReach products in the online shop, subject to the requirement that he/she is a consumer in the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG). Therefore:
· the buyer declares and guarantees by accepting these General Terms and Conditions of Business for the Online Shop that the purchase of JumpandReach products in the online shop is unrelated to any business activities and is solely for the purpose of personal use;
· the buyer warrants that the products purchased in the online shop will not be commercially resold or otherwise distributed. Any violation of these warranties may lead to liability under civil law.
1.3 General terms and conditions of business for the online shop
These General Terms and Conditions of Business for the Online Shop serve the purpose of laying down the conditions and procedures for online sales of JumpandReach products via the online shop. The buyer can print them or download them here.
By crossing the box beside the text “I have read the GTC and agree to them” the buyer acknowledges that he/she has read and explicitly accepts them.
JumpandReach reserves the right to amend the General Terms and Conditions of Business for the Online Shop at any time without a prior announcement, with effect for future purchases. The terms and conditions applicable for a particular purchase are always the ones the buyer agreed to when placing an order.
1.4 Information on the products
Before placing an order the buyer can obtain information about the key properties and prices of the products which he/she would like to order from the description next to the respective product.
JumpandReach reserves the right to at any time add new products, remove products or change their presentation or price. The information on the products and prices for the respective purchase which is displayed in the online shop at the moment when the buyer confirms the order and thus gives rise to a payment obligation is applicable.
Please note that the information contained in these General Terms and Conditions of Business and the information presented on this website does not constitute a sale offer but merely an invitation to you to submit a contract offer. A contract concerning a product between you and us only arises once your order is explicitly accepted by us (for more detail on this see section 2.1).
2. Ordering procedure
2.1 Ordering in the online shop
1) The buyer selects the desired products and places them in the “shopping cart”. He/she can check and change the information he/she has entered for the planned purchase at any time.
2) The buyer must then fill in and confirm all the required fields marked *, such as his/her personal details and his/her invoice and delivery address.
3) By confirming his/her order by clicking on the “Order with payment obligation” button the buyer finally accepts the content of the order, as well as the relevant contractual terms and conditions and the prices, properties, quality, quantities and delivery periods for the ordered products. The order is then binding. The buyer’s order is an offer made to JumpandReach, which does not lead to the conclusion of a contract. The contract only comes into being upon acceptance by JumpandReach (see section 2.2). The buyer is notified once the ordered products have been shipped.
2.2 Confirmation of the order
JumpandReach sends the buyer a confirmation e-mail in which the entire content of the order, including the contractual terms and conditions, is summarised. Sending the confirmation constitutes acceptance of the order by JumpandReach. At that moment the purchase contract comes into being. The customer receives a shipping confirmation by e-mail once as the products have been shipped.
2.3 Cancelling an order
JumpandReach reserves the right to cancel orders in justified cases, in particular because:
• the order originates from a trader; the order is unusual (for example an order in which a product is ordered in an unusually high number of units) or unusually frequently repeated,
• the buyer provides incomplete or incorrect information,
• payment is made late for all or a part of the amount owed by the buyer,
• there are spelling or printing errors or miscalculations on the website. The buyer may cancel his/her order by exercising his/her legal rescission right, as clarified in section 7 “Cancellation”.
3.1 Sales prices for JumpandReach products are given in euros and should be understood as being gross and including 20% VAT. They do not include shipping costs, which must be borne by the buyer him/herself. The following shipping costs are payable:
• Within Austria: €4.50
• Rest of Europe: €7.50
• Outside Europe: €24.50
In the event of a delivery to a non-EEA country, the customer must make payment of the purchase price in full already upon the conclusion of the contract.
4. Payment terms
4.1 Payment for the order is handled via JumpandReach’s online shop. Exclusively PayPal, prepayment by wire transfer or credit card are available as payment methods.
4.2 You pay the invoice amount via the online provider PayPal. As a rule, you must be registered with PayPal or carry out registration, identify yourself with your access data and confirm the payment instruction to us. You will receive further information in the course of the ordering process. Your PayPal account will be charged upon the conclusion of the contract for the respective product.
4.3 In the event of an order with prepayment, the purchase price must be paid within seven days from the order. The product will be shipped to you after the full purchase price has been credited. If your prepayment is not credited to our account, despite being due, within seven days from receipt of a payment demand, we will be able to rescind the purchase contract.
4.4 In the case of payment by credit card, your credit card account will be charged immediately.
4.5 The entire payment process is encrypted.
5. Delivery and shipping
5.1 Delivery process
Goods are delivered by shipping them to the delivery address specified by the customer.
5.2 Delivery period
The delivery will be carried out without any unnecessary delay and in any event within 30 days from the conclusion of the contract.
5.3 Returning deliveries
If the goods are returned to JumpandReach because the buyer failed to accept the shipment of goods, the buyer will be reimbursed the order value with the deduction of the shipping costs.
5.4 Checking the order upon receipt of the delivery
Without prejudice to the statutory warranty, we recommend that the buyer immediately check the condition of the package upon delivery and inform the deliverer of any reservations he/she may have. We also recommend that the customer check whether the delivery corresponds to the order and inform JumpandReach of any deviations or defects in the products as soon as possible.
6. Retention of ownership
Until payment has been made in full for all goods from the same order the goods remain the property of JumpandReach.
7. Cancellation right
7.1 Cancellation right
You have the right to cancel this contract within fourteen days without giving reasons. The time limit for cancellation amounts to 14 days from the date when you or a third party nominated by you which is not the carrier took possession of the goods or, in the case of partial deliveries, the last delivery. In the event of cancellation, the customer must bear the return shipment costs him/herself, irrespective of the value of the goods.
In order to exercise your cancellation right you must inform JumpandReach of your decision to cancel this contract by way of an unequivocal declaration, by mail at: Sonnenburgstraße 15, A-6020 Innsbruck or by telephone on: +43(0) 512 – 93 56 34 or by e-mail at: email@example.com. You can use the attached standard cancellation form for that purpose, though it is not required.
If you take advantage of this possibility, we shall promptly send you a confirmation of the receipt of your cancellation (e.g. by e-mail). To meet the time limit for cancellation it is sufficient to send the notification on the exercise of the cancellation right before the end of the time limit for cancellation.
Standard cancellation form:
(If you wish to cancel the contract you must send us a cancellation form. You are free to use this or any other form.)
-I/we (*) hereby cancel the contract concluded by me/us (*) on the purchase of the following goods (*)__________________________________________________________________________________
-Ordered on (*)/received on (*)____________________________
-Name of consumer(s)___________________________________
-Address of consumer(s)_________________________________________________________
Signature of the consumer(s) (only when the notification is on paper) date
(*) Delete as appropriate
7.2 Return shipment of goods
Within fourteen (14) calendar days from the rescission declaration, the respective product(s), as well as all other items provided at the time of the purchase of the respective product(s), must be sent to the following address, intact and in the original packaging if possible: Sonnenburgstraße 15, A-6020 Innsbruck. Please enclose the cancellation form.
7.3 Refund conditions
Any return shipment which has been accepted by JumpandReach will lead to a refund of the purchase price for the respective products, excluding the standard shipping costs, within 14 days from the quantitative and qualitative inspection of the returned products.
Please note that your right to return products only relates to products which are returned in the same condition in which you received them. Please always return products in the original packaging. You should also send back all product information, documents and packaging.
7.4 Exceptions from the cancellation right
The statutory cancellation right does not apply with regard to distance selling contracts on the delivery of goods which are manufactured according to your customer specifications or have clearly been tailored to your personal needs or goods which by their nature are not suitable for sending back.
8. Statutory warranty
8.1 The buyer may claim the following statutory warranty:
• the statutory warranty for defects in accordance with Article 922 et seq. of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch – ABGB), pursuant to which the buyer must submit a claim for defects in the products within two years from delivery.
• the warranty does not cover normal wear and tear resulting from use of the goods.
• If there is a defect in the purchased goods for which JumpandReach is responsible, according to our choice we shall have the right to rectify the defect or provide a replacement delivery. If JumpandReach is unwilling or unable to rectify the defect or provide a replacement delivery, this is delayed beyond reasonable periods for reasons for which JumpandReach is responsible or the rectification of defects or replacement delivery otherwise fail, the customer shall have the right to rescind the contract or demand an appropriate reduction of the purchase price, according to his/her choice.
• If a warranty claim arises with regard to a product purchased in the online shop, the customer will be able to send the goods back to the specified contact address. If it turns out that there is no defect subject to warranty, JumpandReach shall charge the customer for the expenses incurred.
8.2 For the purpose of is exercising those rights the buyer may contact customer service by e-mail: firstname.lastname@example.org. Please note that submitting an objection to customer service will not cause the two-year warranty period to be interrupted. That time limit will only be interrupted after the claim is submitted.
9. Limitation of liability
9.1 JumpandReach excludes any liability for breaches of obligation due to minor negligence, insofar as
• it does not relate to guarantees or key contractual obligations, i.e. obligations whose fulfilment makes it possible to correctly perform the contract at all and upon whose fulfilment the party to the contract generally relies and can rely;
• it does not relate to losses resulting from loss of life or injury to the body or health;
• Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
• JumpandReach is not liable as to whether the services offered by the website are available without interruption or if stored data is preserved.
The same applies to breaches of obligation by our vicarious agents.
10.1 The fact that JumpandReach fails to assert a provision of the General Terms and Conditions of Business for the Online Shop with respect to the buyer on no account means that the application of that provision has been waived.
10.2 If a provision of the General Terms and Conditions of Business for the Online Shop is declared entirely or partially ineffective, the other provisions and rights and obligations under these General Terms and Conditions of Business for the Online Shop shall continue to exist unchanged and shall continue to apply.
10.3 Any amendments or additions to these GTC must be in writing. There are no oral additional agreements.
10.4 The place of performance for JumpandReach’s services is the registered office of JumpandReach specified in the introduction to these GTC.
11. Data protection
12. Intellectual property and intellectual property rights
12.1 The online shop and all the products are exclusively JumpandReach’s property. It is absolutely prohibited to distribute, alter, transmit or reproduce the online shop or parts thereof in any way whatsoever. Hyperlinks may only be inserted in the online shop or parts thereof with the prior written consent of JumpandReach.
13. Applicable law / place of jurisdiction
13.1 These General Terms and Conditions of Business for the Online Shop are subject to Austrian law, with the it exception of the conflict of laws provisions