1. Scope of application
1.1 The business relationship between JD Europe Components GmbH (hereinafter referred to as "JD Europe") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions (GTC). JD Europe does not recognize any terms and conditions of the Customer that conflict with or deviate from these GTC unless JD Europe has expressly agreed to their validity. These GTC shall also apply if JD Europe carries out the delivery to the customer without reservation in the knowledge of conflicting GTC.
1.2 An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. Insofar as these GTC refer to entrepreneurs, the provision also applies to legal entities under public law and special funds under public law.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
2. Offer
2.1 Offers and prices are subject to change, we reserve the right to sell goods to others.
2.2 All prices are quoted in EURO without VAT ex warehouse of JD Europe including packaging, unless otherwise communicated or listed separately in the cost estimate (CT). Shipping and insurance costs are charged separately. The calculation is based on a flat-rate shipping fee, depending on the size and content of the package. Adjusted flat rates apply for deliveries to other EU countries. Deliveries abroad are requested individually and the costs are passed on to the customer.
2.3 Texts and illustrations in any form, e.g. in catalogs, the online store or in e-mails, are only approximate and we expressly reserve the right to make changes in design and errors, including printing errors. The buyer bears the risk of transmission errors when placing an offer or order.
2.4 We reserve the right to supply items that have the same possible use and comparable properties if the ordered item is not available from stock.
3. Orders, services and conclusion of contract
3.1 The Customer has two options for concluding a binding purchase agreement:
3.1.1 The Customer can request a binding offer from JD Europe by telephone or in writing. The customer will then receive the binding offer with all relevant information for the conclusion of the contract by e-mail, which must also be confirmed by the customer by e-mail in order to conclude a binding contract.
3.1.2 The Customer can also submit a binding offer to conclude a contract by using the JD Europe online store at www.jd-europe.de JD Europe may accept the Customer's offer contained in the order by sending an order confirmation to the Customer by e-mail.
3.2 The Customer's contractual partner is:
JD Europe Components GmbH
Geschäftsführerin: Ms. Pi-Yu Lin
Prokurist: Alexander Klinger
Salinenstr. 52
61231 Bad Nauheim
Phone: +49 (0) 6032 / 92671 30
Fax: +49 (0) 6032 / 92671 59
E-Mail: service@jd-eur.com
3.3 The presentation of the goods in the online store does not constitute a legally binding contractual offer by JD Europe, but is only a non-binding invitation to the customer to order goods.
3.4 If the customer orders via the webshop, the ordering process takes place in the following steps:
- Logging in to the dealer area (e-mail / dealer number and password)
- Selection of the desired brand (TranzX, Citybug, etc.)
- Open the online shop
- Select the desired product and quantity
- Check the selection in the shopping cart
- Confirm the desired goods by clicking on the "Order" button
- Select the desired payment method
- Re-check the selected goods, address and other data
- Binding submission of the order by clicking on the "Buy now" button
The customer can cancel the order process at any time by pressing the back button on the Internet browser or by closing the Internet browser. The order is only binding once "Buy now" has been clicked. We confirm receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this, JD Europe accepts the customer's offer.
3.5 The text of the contract is stored by JD Europe. The order data is sent to the contractual customer by e-mail. The GTC can be viewed online at any time at www.jd-europe.de eingesehen werden.
3.6 In the customer area of the JD Europe website, after logging in, all current and past orders can be viewed at any time under My Account - My Orders.
3.7 Services, such as a remote desktop connection from JD Europe to a customer and repairs carried out at JD Europe for the customer, are subject to a charge unless the repairs or other services are necessary to remedy a defect in accordance with applicable warranty law. In the case of a remote desktop connection, the customer will be informed in advance of the actual costs incurred and agrees to these in writing or by starting the service. In the case of repairs, a cost estimate will be drawn up after a detailed diagnosis, which will also list the repair costs. If the customer rejects the cost estimate, a flat-rate fee (depending on the scope) will still be charged for the inspection.
The duration of the repair will be communicated to the customer by an employee before the item to be repaired is delivered to JD Europe. The repair time varies from case to case and is estimated differently depending on the workload and timing (seasonal business) of the repair. Repair times communicated are not binding.
Die Dauer der Reparatur wird dem Kunden, bevor das zu reparierende Objekt zu JD Europe geliefert wird, von einem Mitarbeiter mitgeteilt. Die Reparaturdauer variiert von Fall zu Fall und wird je nach Arbeitsaufkommen und Zeitpunkt (Saisongeschäft) der Reparatur unterschiedlich veranschlagt. Mitgeteilte Reparaturzeiten sind nicht verbindlich.
4. Terms of payment and invoice
4.1 The customer has the option of paying by direct debit, PayPal, prepayment, credit card or by bank-transfer on account. JD Europe reserves the right to insist on advance payment or partial payment for new customers or large orders.
4.2 If prepayment has been selected as a payment method or has been requested by JD Europe as in section 4.1 and accepted by the customer, the customer undertakes to make the payment immediately after conclusion of the contract.
4.3 If purchase on account has been selected, the invoice amount must be paid to the account specified on the invoice within 10 days of the invoice date at the latest, unless otherwise agreed.
4.4 Invoices shall be sent exclusively by e-mail.
4.5 Payments to third parties (e.g. delivery services, employees, drivers or representatives) shall only have a debt-discharging effect if they can produce a valid authorization to collect.
4.6 In the event of default of payment, suspension of payment or bankruptcy of the customer, the total claim is due immediately. The customer shall be in default if the set payment deadline is exceeded. The customer will receive a reminder from JD Europe as soon as the customer is in default. JD Europe reserves the right to charge a reminder fee of up to €10.00 per reminder. After the third reminder has expired, JD Europe will hand over the outstanding debt to a debt collection agency. The resulting additional costs will be charged to the customer in default.
5. Delivery and delivery times
5.1 Unless otherwise communicated or clearly stated in the product description, all items offered by JD Europe are ready for immediate shipment. Shipment takes place at the latest within 5 working days (Monday - Friday) after dispatch of the order confirmation. If payment is made in advance, the delivery period begins on the day after receipt of payment. Delivery times are not binding.
5. 2 In cases of force majeure and other unforeseeable and unavoidable damaging events for which JD Europe is not responsible (in particular operational disruptions, transport delays, lawful lockouts, power failures, labor disputes, unrest, difficulties in procuring materials or energy, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or missing, incorrect or untimely delivery by suppliers, pandemic or epidemic), the delivery period shall be extended appropriately by the duration of the disruption.
6. Transfer of risk
6.1 The risk of accidental loss and accidental deterioration during transportation shall only be borne by JD Europe if the customer is a consumer.
6.2 In the case of orders placed by entrepreneurs, the risk of accidental loss and accidental deterioration of the goods during transportation shall pass to the customer as soon as the goods are delivered to the person or institution designated to carry out the shipment. The provisions of § 447 BGB (sale by dispatch) shall also apply to orders placed by entrepreneurs if the shipment is made using JD Europe's means of transportation or from a place other than the place of performance or if JD Europe bears the freight costs.
7. Retention of title
7.1 The delivered goods remain the property of JD Europe until the purchase price has been piad in full, including shipping costs and any cash on delivery fees. Until all claims to which JD Europe is entitled against the customer have been fulfilled, pledging or transfer of security of the goods concerned is prohibited. Until then, pledging or assigning claims without the express consent of JD Europe is also not permitted. The customer is obliged to immediately notify JD Europe of any access by third parties to the goods delivered under retention of title by sending an affidavit and a seizure protocol confirming the identity of the seized item with the goods in question.
7.2 In the event of culpable breach of important contractual obligations by the customer, in particular in the event of default in payment, JD Europe shall be entitled, if the conditions for withdrawal from the contract are met, to take back the goods and, if necessary, to enter the customer's premises for this purpose. The taking back of the goods concerned by JD Europe shall constitute a withdrawal from the contract.
7.3 The customer shall only be entitled to resell and use the goods concerned in the ordinary course of business. The customer shall be obliged to protect the rights of JD Europe vis-à-vis the third-party purchaser in every way necessary. If the goods concerned are sold by the customer, the customer hereby assigns to JD Europe the claims arising from the resale in the amount of the value of the goods concerned, including all ancillary rights and ranking before the rest. The claims assigned by the customer to JD Europe shall also relate to the recognized balance and, in the event of insolvency of the third party, to the then existing causal balance. The customer is revocably authorized to collect the claims. This shall not affect JD Europe's right to collect the claims itself. If JD Europe decides to collect the receivables itself, the Customer shall inform the third-party debtors of the assignment, request them to make payments only to JD Europe, refrain from any collection action and provide JD Europe with a list of the resold goods concerned.
8. Warranty
8.1 The sales warranty for customers is 2 years from delivery of the goods. If a defect is recognizable in the delivered goods, this must be reported to JD Europe immediately after delivery by telephone or in writing. If the JD Europe service team requests a photo to clarify the situation, this must be sent to service@jd-eur.com immediately. JD Europe will then decide whether a replacement delivery of defect-free goods or a rectification of defects will be carried out. service@jd-eur.com zu schicken. Anschließend wird von JD Europe entschieden, ob eine Ersatzlieferung von mangelfreier Ware oder eine Mangelbeseitigung durchgeführt wird.
8.2 It is assumed that the installation of parts or components is carried out by a trained specialist with the necessary skill, care and expertise. Should a defect occur despite professional installation, this must also be reported to JD Europe immediately after discovery.
8.3 If the customer carries out unauthorized repairs to the defective goods or opens or modifies them, JD Europe shall be released from the warranty obligation for any resulting defects.
9. Liability
9.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by JD Europe, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of material contractual obligations, JD Europe shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
9.3 The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of JD Europe if claims are asserted directly against them.
9.4 The limitations of liability resulting from paragraphs 1 and 2 shall not apply if JD Europe has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply if JD Europe and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
10. Right of withdrawal
10.1 Consumers have a right of withdrawal, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
10.2 Right of withdrawal for consumers
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of withdrawal, you must inform us, the
JD Europe Components GmbH
Salinenstr. 52
61231 Bad Nauheim
Phone: +49 (0) 6032 / 92671 30
Fax: +49 (0) 6032 / 92671 59
E-Mail: service@jd-eur.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail, telephone call). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will only use bank transfers for this repayment, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract to
JD Europe Components GmbH
Salinenstr. 52
61231 Bad Nauheim
to return or hand over the goods. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of withdrawal in distance selling does not exist:
In the case of delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back)
To:
JD Europe Components GmbH
Salinenstr. 52
61231 Bad Nauheim
Fax: +49 (0) 6032 / 92671 59
E-Mail: service@jd-eur.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*)/order number (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper communication):
Date:
(*) Delete as appropriate
The revocation can also be declared by telephone:
Telephone: +49 (0) 6032 / 92671 30
10.3 No right of withdrawal for entrepreneurs
The return of goods sold to entrepreneurs is excluded. In exceptional cases, a return can be accepted after consultation with the JD Europe service team and a written agreement. The prerequisite for this is that the goods are in their original condition and unused (no scratches, signs of installation, etc.) or, if the goods have outer packaging, that the goods are still sealed and the original packaging is undamaged. The return of the goods is at the expense and risk of the buyer. For returns, JD Europe reserves the right to charge a handling fee of 10% of the invoice amount. If the goods were purchased more than 2 months ago, a handling fee of up to 20% may be charged. The processing fee will be offset directly against the credit note. A credit note will only be issued if the goods have been checked as "in order" after arrival at JD Europe. If the inspection reveals that the goods have already been used or can no longer be sold due to damage, the goods will be returned at the expense of the entrepreneur and an invoice will be issued for the work involved. Goods that have been procured or customized on special request are generally excluded from the right of withdrawal for entrepreneurs.
11. data protection
11.1 The processing of personal data provided by the customer to JD Europe in the context of the business relationship with JD Europe shall be processed by JD Europe in compliance with data protection laws, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telecommunications Telemedia Data Protection Act (TTDSG). This data is processed exclusively in order to fulfill the contractual obligations towards the customer (for customers who are consumers, Art. 6(1) b) GDPR applies, for other market participants Art. 6(1) f) GDPR applies as the legal basis) or to fulfill legal obligations, e.g. mandatory commercial or tax retention obligations (Art. 6(1) c) GDPR). Data will not be passed on to third parties without the customer's consent, unless this is necessary for the performance of the contract or to fulfill legal obligations to provide information, e.g. to courts or authorities.
11.2 To exercise the rights of a person affected by the application of these GTC regarding the handling of their personal data, please refer to Chapter III of the GDPR and the privacy policy on the JD Europe website.
11.3 JD Europe assures that it has taken appropriate technical and organizational measures to ensure the protection and security of personal data during its processing.
12. Applicable law and place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to contracts between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the parties shall be the registered office of JD Europe in Bad Nauheim.
13. customer service
JD Europe's customer service for orders, questions, complaints and objections is available under normal circumstances on working days from 8:00 a.m. to 5:00 p.m. at
Phone: +49 (0) 6032 / 92671 30
Fax: +49 (0) 6032 / 92671 59
E-Mail: service@jd-eur.com
is at your disposal.
Should unforeseeable events lead to temporary changes in opening hours, this will be indicated on the JD Europe homepage or on the announcement.
14. dispute resolution
14.1 The EU platform for out-of-court online dispute resolution is available at the following internet address
https://ec.europa.eu/consumers/odr/
14.2 JD Europe is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.