Terms of service
Standard Business Terms and Customer Information
I. Standard Business Terms
§ 1 Basic Provisions
(1) The following business terms apply to all contracts that you conclude with us as the supplier Aureon Operations UG (haftungsbeschränkt) via the website www.jumpseat-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural person, legal entity or partnership with legal capacity that concludes a legal transaction in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button, or a button with a similar designation, and entering your personal data as well as the payment and shipping details, the order data will finally be displayed to you in an order overview.
If you use an instant payment system, such as PayPal Express, PayPal Plus, PayPal Checkout, Amazon Pay or Sofort, as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you must make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option to review and change the information in the order overview, including by using the “Back” function of your internet browser, or to cancel the order.
By submitting the order using the corresponding button, such as “order with obligation to pay”, “buy”, “buy now”, “pay”, “pay now” or a button with a similar designation, you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form, for example by e-mail, which you may accept within 5 days, unless a different period is specified in the respective offer.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail and are partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically guaranteed and, in particular, that they are not blocked by a spam filter.
§ 3 Special Agreements Relating to the Offered Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, “PayPal”. The individual payment methods available via “PayPal” will be displayed under a correspondingly designated button on our website and during the online ordering process. PayPal may use other payment services for payment processing. Where special payment terms apply, you will be informed of these separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Shopify Payments”
If you select a payment method offered via “Shopify Payments”, the Shopify Payments service provided by Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, payment processing will be carried out by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, “Stripe”.
The individual payment methods available via Shopify Payments will be displayed under a correspondingly designated button on our website and during the online ordering process. Stripe may use other payment services for payment processing. Where special payment terms apply, you will be informed of these separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
- We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, the goods may not be pledged or transferred by way of security.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value, and we accept the assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
- If the goods subject to retention of title are combined or mixed with other goods, we acquire co-ownership of the newly created item in the proportion of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, visible defects and transport damage and to notify us and the shipping company of any complaints as soon as possible. Failure to comply with this request has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following provisions apply in deviation from the above warranty rules:
- Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public statements or statements made by the manufacturer.
- In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery. If the rectification of the defect fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect or other circumstances indicate otherwise. In the event of rectification, we are not required to bear any additional costs arising from transporting the goods to a place other than the place of performance, unless such transport corresponds to the intended use of the goods.
- The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to culpable damage attributable to us arising from injury to life, body or health and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused the building to be defective;
- to statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) If you are not a consumer but a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of performance for all services arising from the business relationships existing with us and the place of jurisdiction.
The same applies if you do not have a general place of jurisdiction in Germany or the European Union or if your place of residence or habitual residence is unknown at the time legal proceedings are commenced. This does not affect the right to bring proceedings before another court having statutory jurisdiction.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Aureon Operations UG (haftungsbeschränkt)
Eschenweg 10
53177 Bonn
Germany
Telephone: +49 175 6899972
E-mail: kontakt@jumpseat-shop.de
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information Regarding the Conclusion of the Contract
The technical steps associated with the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions entitled “Conclusion of the Contract” in our Standard Business Terms, Part I.
3. Contract Language, Storage of the Contract Text
3.1. The contract language is English.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contractual data can be printed or saved electronically using the browser’s print function. After the order has been received by us, the order data, the legally required information for distance contracts and the Standard Business Terms will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data as part of a binding offer in text form, for example by e-mail, which you can print or save electronically.
4. Main Features of the Goods or Services
The main features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Arrangements
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees, including bank transfer or exchange rate fees, which must be borne by you.
5.4. Any costs arising from money transfers, including bank transfer or exchange rate fees, must also be borne by you in cases where delivery is made to an EU Member State but payment is initiated outside the European Union.
5.5. The payment methods available to you are shown via a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found via a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the following is regulated by law: The risk of accidental loss or accidental deterioration of the goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by us or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and shipment are made at your own risk.
7. Statutory Warranty Rights
Liability for defects is governed by the “Warranty” provisions in our Standard Business Terms, Part I.
These Standard Business Terms and customer information were prepared by lawyers specialising in IT law working for Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of legal warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.