Terms and Conditions
As of December 2021
1. Scope of these GTC
1.1.
The scope of these General Terms and Conditions (“GTC”) includes all services of JTI TRADING GmbH (hereinafter referred to as JTI TRADING) with regard to the delivery of goods. The goods deliveries by JTI TRADING are thus exclusively based on the present General Terms and Conditions. This does not apply if something else has been expressly agreed in writing.
1.2.
These GTC apply only to legal transactions between JTI TRADING and consumers. A consumer is anyone who is not an entrepreneur. Entrepreneur is anyone for whom the legal transaction is part of the operation of his company. In this sense, a company is any long-term organization of independent, economic activity, even if it is not aimed at profit. Consumers in the above sense are hereinafter referred to as customers.
1.3.
We do not offer products for sale by minors. Orders can only be placed by persons over the age of 18. Customers under the age of 18 require the signature of their legal representative.
2. Order, Order, Delivery
2.1.
The offers from JTI TRADING and the information contained therein such as, but not exclusively, prices, dimensions and weights are subject to change and non-binding; they are only to be understood as a request for the customer to place an order.
2.2.
The customer's order represents an offer to JTI TRADING to conclude a purchase contract. JTI TRADING will immediately confirm receipt of the order. However, the confirmation of receipt does not yet represent acceptance of the offer by JTI TRADING. The confirmation of receipt only represents a declaration of acceptance if JTI TRADING expressly declares this in the confirmation of receipt.
2.3.
If JTI TRADING has not already declared acceptance of the contract in the confirmation of receipt (see point 2.2), the acceptance of the order and thus a contract is only concluded when JTI TRADING sends the ordered product to the customer and the shipping to the customer by E -Mail or message on customer account confirmed.
2.4.
JTI TRADING expressly points out that it must reserve the right to accept or carry out the order - in particular in accordance with the available delivery options. JTI TRADING also reserves the right to reject customer orders or not to carry them out, especially if there are open invoices from other customer orders. JTI TRADING is also entitled to limit the order to a normal household quantity. No claims whatsoever arise from this for the customer. If JTI TRADING does not accept the order, the customer will be informed within 5 working days (Saturday and Sunday do not count as working days) after the day following the transmission of the order by the customer, any payments already made by the customer will be refunded to the customer.
2.5.
We reserve the right to make technical and design deviations from the information on our website, in brochures, catalogs and written documents that are reasonable for the customer, as well as to make model, construction and material changes in the course of technical progress and further development, without any rights or claims of any kind arising from this and/or to what extent, can be derived against JTI TRADING.
2.6.
Separate specifications or customer requirements for the subject matter of the contract or for the services to be provided by JTI TRADING or other additional services and deliveries by JTI TRADING require the express written confirmation of JTI TRADING. Subsequent change requests can only be carried out in exceptional cases and against corresponding reimbursement of costs - without a legal claim on the part of the customer.
2.7.
Items that cannot be exported for legal reasons are clearly marked on our homepage with a corresponding note. If, despite this notice, the customer orders items that are not allowed to be exported, we will charge the customer a processing fee of EUR 20 or deduct it from any advance payments received.
3. Third Party Intellectual Property Rights
If the customer sends JTI TRADING photos, images, drawings, graphics or other visual works (hereinafter referred to as "images") which the customer wishes to be attached to the goods, the customer guarantees that no property rights of third parties (e.g. copyrights, trademark rights or design rights) are violated. JTI TRADING is not obliged to check whether third-party property rights exist in the illustrations or whether such rights are being violated, but JTI TRADING is entitled to assume that the customer is entitled to all those rights that are necessary for the proper fulfillment of the order. The customer must fully indemnify and hold JTI TRADING harmless from third-party claims in this regard.
4. Delivery Dates and Deadlines
4.1.
The ordered goods will only be delivered after payment of the full purchase price and any shipping costs has been received by JTI TRADING.
4.2.
Unless other delivery times are specified during the ordering process, delivery will be made within 30 days of acceptance of the contract (see point 2.3. above). If the delivery is delayed, JTI TRADING will contact the customer immediately after the delay becomes known, but before the agreed delivery period, and obtain his approval for a later delivery. If the customer does not agree to this, he is entitled to withdraw from the contract.
4.3.
The delivery date is met when the goods have left the works/warehouse of JTI TRADING - in the case of third-party business, the works/warehouse of the supplier - in good time or - in the case of collection by the customer - the delivery is ready for dispatch and the customer has been informed of this in good time.
4.4.
The delivery period will be extended accordingly as a result of operational disruptions and events of force majeure as well as other events beyond JTI TRADING's sphere of influence, in particular delivery delays and the like on the part of the sub-supplier.
5. Revocation (= withdrawal)
Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days without giving a reason. In the following, this right of withdrawal is referred to as revocation.
took possession of the goods (in the case of a contract of sale for goods delivered by delivery); or
took possession of the last good (in the case of a contract for several goods which the customer ordered as part of a single order and which are delivered separately); or
took possession of the last installment or piece (in the case of a contract for the delivery of goods in several installments or pieces); or
took possession of the first good (in the case of a contract for the regular delivery of goods over a fixed period of time).
In order to exercise his right of withdrawal, the customer must inform JTI TRADING of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail).
The revocation must be sent to:
JTI TRADING Ltd
Blumauerstrasse 200A,
2601 Sollenau
To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs.
Consequences of revocation
If the customer withdraws from this contract, JTI TRADING shall owe the customer all payments that JTI TRADING has received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than that provided by JTI TRADING has chosen the cheapest standard delivery offered) immediately and at the latest within fourteen days from the day on which JTI TRADING received notification of the cancellation of this contract. For this repayment, JTI TRADING uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed with the customer; under no circumstances will the customer be charged for this repayment.
The customer must return or hand over the goods to JTI TRADING without undue delay and in any case no later than fourteen days from the day on which he informed JTI TRADING of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
The customer bears the direct costs of returning the goods. Returns that are not prepaid/unfree will be automatically returned to the sender.
The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the customer that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene expires prematurely if their seal has been removed after delivery.
6. Prices and terms of payment
6.1.
The prices are in euros and include statutory sales tax ex works or JTI TRADING's distribution warehouse, in the case of third-party transactions ex works or the supplier's distribution warehouse.
6.2.
The website price valid for the respective delivery on the day of the order is deemed to be the agreed price. The ordered goods can be paid for by credit card, PayPal, Sofortüberweisung, advance payment or cash on delivery (see also the link "Payment options" on our homepage. JTI TRADING will deliver the ordered goods within the delivery period specified on the homepage during the ordering process as soon as the payment has been received by JTI TRADING Payments to employees or other representatives of JTI TRADING that are not expressly identified in writing for collection do not have a debt-discharging effect.
7. Retention of Title
7.1.
The goods remain the sole property of JTI TRADING (reserved goods) until all of JTI TRADING's claims against the customer from the respective order have been fulfilled, in particular until all payments (including interest and incidental costs) have been fulfilled, even if individual parts have already been delivered are paid.
7.2.
The customer may not dispose of the reserved goods until JTI TRADING's claim has been settled and bears the full risk for the goods entrusted to him, in particular for the risk of destruction, loss or deterioration.
7.3.
For the duration of the retention of title, the customer must treat the delivered goods with care and care.
7.4.
If goods subject to retention of title are processed by the customer into a new movable item, this is done for JTI TRADING without being obliged to do so. The new item becomes the property of JTI TRADING. If the reserved goods are combined, processed or mixed with goods that do not belong to JTI TRADING, JTI TRADING acquires co-ownership in proportion to the invoice value of the reserved goods to the remaining goods.
7.5.
In the event of seizure by third parties or other access by third parties to the reserved goods, the customer must indicate JTI TRADING's ownership and the customer must notify JTI TRADING immediately.
7.6.
If the customer behaves in breach of contract, in particular in the event of default in payment, JTI TRADING is entitled to take back the goods subject to retention of title or, at its option, to demand the assignment of the buyer's claims for surrender against third parties.
7.7.
If the customer violates the agreements on retention of title, the customer is obliged to pay a contractual penalty of twice the net value of the reserved goods without offsetting any damage that has actually occurred (in particular costs of excising in execution proceedings). If the customer does not meet his obligations or stops making payments, the entire remaining debt becomes due immediately. In this case, JTI TRADING is entitled to immediately demand the return of the goods to the exclusion of any right of retention.
After taking back the goods, it is at JTI TRADING's discretion to either sell the object of purchase and to credit the customer with the proceeds less 20% resale expenses to his existing obligations or to take back the goods at the invoice price less any depreciation and to hand them over to the customer for the time of his charge a reasonable usage fee for the delivered goods.
8. Warranty, Compensation, Non-Assignment, Guarantees
8.1.
With regard to the warranty, the statutory provisions apply.
8.2.
JTI TRADING assumes no liability for normal wear and tear of the goods or for defects caused by improper handling.
8.3.
Unless otherwise agreed, the improvement or replacement to be carried out within the scope of the warranty will be carried out within a period of 6 weeks. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the customer may request a refund or a reduction in the purchase price.
8.4.
In the case of subsequent deliveries, JTI TRADING assumes no liability for exact correspondence with the first delivery.
Complaints are included
JTI TRADING Ltd
Blumauerstrasse 200A,
2601 Sollenau
to assert.
8.5.
JTI TRADING is only liable without limitation for damage caused to the customer in the course of business transactions in the event of its own intent or gross negligence or in the event of intent and gross negligence on the part of the vicarious agents working for JTI TRADING, with the exception of personal injury, for which JTI TRADING is already fully liable for slight negligence. The provisions of the Product Liability Law remain unaffected.
8.6.
The assignment of warranty and damage claims or the like is not permitted.
8.7.
If JTI TRADING has expressly promised guarantees, these only apply if the goods are used properly, in particular professional installation, assembly and proper care. Wear and tear of any kind is not covered by the guarantee, nor is damage caused by the customer or third parties. Guarantees promised by manufacturers are exclusively subject to their guarantee conditions. It is expressly pointed out that any promised guarantees do not limit the customer's rights under the guarantee.
8.8.
Instructions given on the homepage, in brochures, instructions for use or other product or goods information as well as care and assembly instructions are to be strictly followed by the customer in order to avoid any damage. You are expressly warned of any use that goes beyond the defined areas of application.
8.9.
According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. JTI TRADING is therefore not liable for the constant and uninterrupted availability of the online trading system, nor for technical and electronic errors during a sales transaction over which JTI TRADING has no influence, in particular not for delayed processing or acceptance of offers.
9. privacy
The company JTI TRADING points out that the data of the buyer is stored for the purpose of contract processing, such as weapons law documents, date of birth, place of birth, telephone number and e-mail addresses. Data is not transmitted to third parties, with the exception of the transmission of the credit card number to the hobex payment system for the purpose of debiting the purchaser's purchase.
10. Choice of Law, Venue, Dispute Resolution Procedure
10.1.
For all disputes arising from or in connection with these GTC and/or the contract, Austrian substantive law shall apply, excluding the conflict of law provisions of private international law and the UN Sales Convention. This also applies to questions about the formation or interpretation of the terms and conditions and the contract. If the customer is a consumer with habitual residence in the EU, the customer also enjoys the protection of the mandatory provisions of the law of his country of residence.
10.2.
For customers with a place of residence outside the European Union, the place of jurisdiction for all legal disputes arising from the present contractual relationship or in connection with it is exclusively that for Austria competent court. Customers domiciled within the European Union can use the court of the place where the customer is domiciled or the court of the place where JTI TRADING has its registered office for all legal disputes arising from or in connection with the present contractual relationship has assert.
10.3.
JTI TRADING recognizes the Internet Ombudsman ( www.ombudsmann.at ) as an out-of-court arbitration board. For further questions about dispute resolution, the customer can also contact customer service info@letsgotactical.com .
© 2021 JTI TRADING GMBH