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General Terms And Conditions

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Jonito GmbH) via the website www.jonito.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, will be contradicted.

2. For the purposes of the following provisions, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal power who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The object of the contract is the sale of goods and/or the provision of repair services and/or the provision of assembly services.

(2) Already with the posting of the respective product on our website, we make you a binding offer to conclude a contract on the terms specified in the article description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time.
After accessing the "Cashier" page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system is carried out, make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the possibility to check all information here again, to change it (also via the function "back" of the internet browser) or to cancel the purchase.
By submitting the order via the "Order to pay" button, you declare the acceptance of the offer legally binding, which results in the contract.

(4) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 7 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.


§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible requirements for file formats must be observed.

(2) You agree not to transmit any data which content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly inscanst us from all claims of third parties asserted in this context. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.

§ 4 Provision of services for assembly services

(1) Insofar as assembly services are the subject of the contract, we owe the assembly work resulting from the service description. We provide these to the best of our knowledge and belief personally or through third parties.

(2) The service is provided on the agreed dates.

(3) You are obliged to cooperate. In particular, at the time of the installation services, you have the opportunity to walk the premises in a walkable and appropriately hazard-free condition. Furthermore, you are obliged to provide us with electrical energy and water if necessary. We are entitled to terminate the part of the contract for the provision of assembly services in accordance with § 643 of the German Civil Code (BGB) if you do not fulfil your obligations to cooperate. To this end, we shall set a reasonable period during which you can make up for the necessary participation.

(4) If you exercise your right of termination in accordance with § 648 p. 1 of the German Civil Code (BGB), we may demand 10% of the agreed remuneration as a lump sum compensation if the execution has not yet begun. However, this only applies if the statutory right of withdrawal exists if you only exercise your right of termination after the expiry of the withdrawal period. They reserve the right to prove that we have in fact incurred no or significantly lower costs.


§ 5 Service provision for repairs

(1) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We provide these to the best of our knowledge and belief personally or through third parties.

(2) You are obliged to cooperate, in particular you must describe the defect existing on the device as comprehensively as possible and make the defective device available.

(3) You bear the costs for sending the defective device to us.

(4) Unless otherwise stated in the respective offer, the repair including the delivery of the device for dispatch takes place within 5 - 7 days after receipt of the device to be repaired (but only after the date of your payment instruction if the prepayment is agreed).

(5) If you exercise your right of termination in accordance with § 648 p. 1 of the German Civil Code (BGB), we may demand 10% of the agreed remuneration as a lump sum compensation if the execution has not yet begun. However, this only applies if the statutory right of withdrawal exists if you only exercise your right of termination after the expiry of the withdrawal period. They reserve the right to prove that we have in fact incurred no or significantly lower costs.

§ 6 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following shall also apply:

a) We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Pledging or transfer of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You can resell the goods in the ordinary course of business. In this case, you are already ceding all claims in the amount of the invoice amount that acceder to you from the resale to us, we accept the assignment. You are further authorised to collect the claim. However, if you do not duly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 7 Warranty

(1) There are statutory liability rights for defects.

(2) In the case of used goods, the claims for defects are excluded if the defect only becomes apparent after the expiry of one year from delivery of the item. If the defect is apparent within one year of delivery of the item, the claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:

- culpable damages attributable to us arising from injury to life, body or health and 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.

(3) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.

(4) Insofar as you are an entrepreneur, the following shall apply in a different way from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed to have been agreed as the nature of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall at our discretion provide warranty by rectification or subsequent delivery. If the defect is receded, you can demand a reduction at your choice or withdraw from the contract. The rectification of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise the nature of the item or the defect or the other circumstances in particular. In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

- culpable damages attributable to us arising from injury to life, body or health and 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;
- in the case of goods which have been used in accordance with their usual use for a structure and which have caused its defectiveness,
- in the case of legal claims for recourse that you have against us in connection with rights to defects.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) The place of performance for all services arising from the business relations and place of jurisdiction exists with us is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual residence is not known at the time the action is brought. The power to bring an action before the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the Resale Of Contracts expressly do not apply.