General Terms and Conditions

Terms and Conditions
for the online brand store of JOBO International Ltd.

1. General Terms and Conditions
1.1. The following general terms and conditions apply to all contracts closed via the JOBO online brand store under the domain www.jobo.com with the customer.

1.2. Other terms and conditions, for example those of the customer, will not be applicable, unless explicitly agreed on in writing.

2. Contract
2.1. By clicking on the respective button, the customer can insert the selected items in the shopping cart and start the ordering procedure by clicking on the button "checkout".

During checkout, the customer must enter the required contact and payment information. By clicking on the button "checkout now" he confirms the transaction.

2.2. Any mistakes during the shopping process, especially when items have accidentally been placed in the shopping cart, can be corrected by choosing the correct amount in the shopping cart and using the available buttons. Any mistakes made during the checkout procedure can be corrected by navigating back and forth in the browser.

2.3. The presentation of products in the online JOBO brand store is a nonbinding offer made to the customer. By ordering, the customer on his part extends a binding offer to buy the items in his shopping cart.
JOBO will then immediately confirm the order by sending an automatised e-mail.
The contract is then valid.
2.4. Your contract partner will be the JOBO International Ltd., Koelner Str. 58a, 51645 Gummersbach, Germany.
2.5. The contract language is German.
 

3. The content of the contract is saved by JOBO. The order data are sent to the customer by separate e-mail. These terms and conditions can be viewed on our website, you can also print them from there.

4. Right of withdrawal for consumers
4.1. Procedure of withdrawal notice
We at JOBO are convinced of providing great products at fair prices. Many photographers are our satisfied customers. Yet, in the improbable event of dissatisfaction, we offer a 14-day return option. In case you want to return one of our products, we want to make it as simple as possible.
Any consumer by law has the right to cancel their purchase. The statutory period of withdrawal is 14 days from the day of receipt of the last part of the order by you or an entitled third person (other than the carrier).
To make use of your right of withdrawal, you need to let us know unmistakably of your decision to cancel the respective contract. This can be done either by mail to JOBO International GmbH, Kölner Str. 58a, 51645 Gummersbach, Germany,
by fax: ++49 2261-545-22;   by e-mail:  i_info(at)jobo.com or even by using our contact form on the JOBO website (www.jobo.com).
We will then immediately send you a confirmation, e.g. by e-mail.
To keep the statutory period of 14 days, it is sufficient to inform us in writing within this period.
4.2. Consequences from withdrawal
In case you withdraw from the purchase contract, we have to refund any payments received from you, including shipping costs (with the exemption of additional costs due to special shipping agreements other than standard delivery). This refund will take place within 14 days from your withdrawal notice at the latest.
For the refund, we will use the same means of payment used in the initial transaction, unless we explicitly agree on an alternative. No charges will be made to you for this transaction. We can withhold the refund until we have received all concerned goods or you have sent proof of your sending the goods back.
It is your obligation to send the goods back to us immediately, but 14 days at the latest, after letting us know of your withdrawal. The statutory period is complied with if you send us the goods within this 14 days period. The shipping cost must be borne by the customer. If the goods have suffered any loss in value, you can be made accountable only if you have used the product more than to test the characteristics and functions. - End of information on your right of withdrawal.
Additional information: The product should be sent back in the original packaging with all product components, accessories and packaging material. Please use an additional protective packaging. In any case, please make sure to prevent any transport damage. Damage or contamination should be avoided by all means. We have to point out, that your right of withdrawal persists regardless of your observing this packaging information, but it is obviously a good way to avoid any damage to the product, for which the customer or JOBO will be held liable.

5. prices and shipping costs
5.1. The prices are valid on the day of purchase as shown on the online shop.
5.2. The prices shown are in Euro and include VAT.
5.3. The prices shown do not include shipping costs. The shipping costs will be calculated at the checkout and will be displayed in the shopping cart overview.
5.4. For shipments abroad, a shipping cost will be charged according to the shipping cost chart viewable on the online shop. This chart will also be visible in the shopping cart during checkout.
5.5. In special cases, cross-border deliveries can incur further taxes or customs duties payable by the customer.

6. Payment terms
6.1. JOBO accepts only those means of payment shown in the online shop during the ordering process. The customer selects his preferred means of payment from the available options.
6.2. If a delivery is offered only against advance payment, the customer has to pay the total purchase amount plus the applicable freight and shipping cost to JOBO before delivery. Delivery will be effected upon complete payment to our account.
6.3. If delivery is offered against payment by credit card, and the customer passes on his credit card details, the customer herewith entitles JOBO to withdraw the full  amount including shipping costs from the customer's account. In this case, the withdrawal will be made at the time of order confirmation.

6.4. If a payment is made through paypal, the customer must have a paypal account and legitimize himself via his access data. He then has to go through the payment process and effectuate the payment to JOBO.
 

7. Shipping
7.1. If no other agreement is made, the order will be shipped to the customer's shipping address.


7.2. Shipping is made immediately after the receipt of payment on our account, at the latest within three working days after payment receipt. This is different only when the JOBO online shop states other shipping periods for specific products.

7.3. In the unlikely event of accidental loss or damage to the ordered product, the risk is passed on to the buyer as follows: if the buyer is a company, the risk is passed on at the time of product delivery to the recipient. If the buyer is a consumer, the risk is passed on at the time of product delivery to the consumer according to § 446 BGB. If the customer is late with his receipt of the delivery, the risk will also be passed on to him.
7.4. Orders and shipments are only offered in and to Germany, as well as to the countries listed in the JOBO online shop, e.g. in the list of shipping costs.
7.5. JOBO will immediately inform the customer in case of delay.

8. Reservation of proprietary rights and resale
JOBO reserves its proprietary rights concerning the sold products until full payment of the sale price. A further reselling of the goods by the customer is only allowed under the condition that the customer agrees on the reservation of proprietary rights with his buyer in turn. The customer ceeds the proprietary right to JOBO to the amount of the selling price, maximum to 150 % of the selling price.
If the payment is not made in time, JOBO has the right to demand the cession of proprietary rights from the customer and request direct payment by the buyer of the customer.

9. Warranty
9.1. The rights concerning defects of the product are those of the German law. There is, of course, no warranty for damages incurred by an inappropriate use or treatment of the product. The same applies for the so-called wear and tear.
9.2. If the customer orders as businessman, he has to examine the merchandise immediately after receipt and, if any defect is visible, to let JOBO know as soon as possible, but within 8 days at the latest. Otherwise, warranty is excluded, unless the defect was not obvious at a first inspection, or if the right of another European Union State, where delivery is made, Art. 12 Abs. 2 VO (EG) Nr. 593/2008 (Rom I) applies. To keep the period of notice, it is sufficient to inform JOBO about the defect in time.

10. Liability
10.1. Any claims made against JOBO for compensation of damage or compensation of expenses made in vain, apart from warranty rights, are to be regulated as follows, no matter what legal issues are concerned.
10.2. There is no right to damage compensation, unless the origin of the damage is intentional or gross negligence by JOBO or its representatives or employees. If JOBO's liability is excluded, then this applies also to the personal liability of employees or representatives.
JOBO's liability in terms of the product liability law remains unaffected (§ 14 ProdHG).

10.3. JOBO is liable for damages incurred to the life, body or health of a person, when this results from an intentional or grossly negligent behaviour by JOBO or a representative. German law regulates these matters.
10.4. If JOBO violates a major obligation by negligence, i.e. an obligation which is crucial for the achievement of the contract's purpose, liability is limited to the typically incurred damage, i.e. the type of damage that can typically be expected from such contracts. Fundamental contractual obligations in this sense are those which enable the orderly accomplishment of the contract and the keeping of which the customer can rely on regularly.

11. Data storage and protection of data privacy.  
Applicable are only our own data protection statements on our homepage www.jobo.com and the law of the land valid in Germany.


12. Final statements, applicable law, place of jurisdiction
12.1  Only German law is applicable, not UN Sales law or Common European Sales law.
12.2. If the customer is a consumer who does not close the contract for professional or commercial purposes, this regulation does only apply if the state of abidance of the customer does not enforce another law.
12.3. If the customer is a businessman, an artificial person of public law or of special assets, exclusive place of jurisdiction is the JOBO company seat in Gummersbach.
12.4. The same applies when the customer is a business man and has no permanent residence or place of jurisdiction in Germany.
12.5. JOBO's right to call on a place of jurisdiction other than Gummersbach, remains untouched by these regulations.

July 2014