Terms and Conditions

General terms and conditions of business

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded between us, jopesch GmbH, Holthoffstr. 122, 45659 Recklinghausen, authorized managing directors: Jobin Schön, Dr. Peter Schön, and you, our customer. The offer in our online shop (shop.jopesch.de) and through our other offers outside the online shop, in particular on our website (www.jopesch.de), is aimed exclusively at entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(2) All agreements made between you and us in connection with the contract arise in particular from these terms and conditions and our written order confirmation.

(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.The General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again.

(4) We do not accept any deviating terms and conditions of the customer unless expressly stated in writing. This applies even if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the "Place order with payment" button, you place a legally binding order. You are bound to the order for a period of four (4) weeks after placing the order.

(3) We will promptly confirm receipt of your order placed through our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also contains confirmation of receipt and a declaration of acceptance.

(4) Outside of our online shop or after submitting the inquiry form via our website, we will send you an offer valid for four (4) weeks from the offer date, unless the offer contains a different binding period or is expressly marked as "indicative" or "subject to change." An offer from us merely represents the basis for your submission of a binding contractual declaration (application).

(5) A contract is only concluded when we accept your order/commission by means of a declaration of acceptance or by delivering the ordered items. With the order confirmation or in a separate email, but no later than upon delivery of the goods, we will send you the contract text consisting of the order, the General Terms and Conditions and the order confirmation on a permanent data carrier.

(6) If delivery of the goods you ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you immediately and promptly refund any consideration already received.

(7) We have the right to withdraw from the contract if delivery of the goods becomes impossible due to the fact that upstream and/or downstream suppliers are unable to deliver goods or parts of the goods and replacement procurement is only possible for us with disproportionate effort and we are not responsible for the impossibility, provided that these circumstances only occurred after the conclusion of the contract, were not foreseeable at the time of conclusion of the contract, and it can be proven that we have reasonably attempted to procure similar goods. The customer will be notified immediately of such a case.

§ 3 Delivery conditions and reservation of advance payment

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) The delivery period shall be approximately 5 working days, unless otherwise agreed. Subject to the provisions of paragraph 3, it shall commence upon conclusion of the contract.

(3) Delivery of freight forwarding goods shall be free curbside unless otherwise agreed in individual cases.

(4) For orders from customers residing or doing business abroad, or if there are reasonable indications of a risk of non-payment, we reserve the right to delay delivery until receipt of the purchase price plus shipping costs (prepayment reservation). If we exercise this prepayment reservation, we will notify you immediately. In this case, the delivery period begins upon payment of the purchase price plus VAT and shipping costs.

(5) The delivery dates agreed in the contract shall apply. These are generally non-binding unless an expressly binding delivery date has been specified.

(6) The risk of accidental loss shall pass to the customer when the item of sale has been handed over to the carrier or has left our premises for dispatch, even if partial deliveries are made or we have assumed other services, such as shipping costs or delivery and installation.

§ 4 Prices and shipping costs

(1) All prices stated in our online shop and our offers are net prices plus the applicable statutory value added tax and costs for packaging and shipping, customs duties, transport insurance, fees and other charges, if these actually apply.

(2) Shipping costs are stated in our prices in our online shop or in our offers. The price plus VAT and applicable shipping costs is also displayed in the order form before you submit your order.

(3) If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) Additional work will be invoiced to the customer according to the terms agreed in the contract. If nothing else has been agreed, our usual list prices will apply.

§ 5 Terms of payment and offsetting and retention rights

(1) The purchase price plus any applicable VAT and shipping costs must be paid in advance no later than two (2) weeks from receipt of our invoice, unless otherwise agreed.

(2) You can pay the purchase price, plus any applicable VAT, and the shipping costs of your choice only using the payment options offered by us. Payments are deemed to have been made on the day we actually receive the purchase price or the purchase price is credited to the bank account or account of the respective payment provider specified by us in the purchase contract.

(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert complaints about defects or counterclaims arising from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 6 Retention of title

(1) The delivered goods remain our property until the purchase price has been paid in full. Customers are entitled to resell the products to third parties within the scope of their normal business operations. In this case, customers assign to us the purchase price claims from any resale up to the amount of the respective gross sales price invoiced by us.

(2) The customer is obliged to treat the goods subject to retention of title with care, to insure them adequately at their replacement value against fire, water and theft damage at their own expense and to carry out maintenance and inspection work on the goods subject to retention of title or to have such carried out at their own expense in a timely manner.

(3) If we withdraw from the contract due to the customer’s breach of contract – in particular default in payment – (enforcement event), we are entitled to demand the return of the reserved goods or to enforce the substitute securities.

(4) The customer is obliged to notify us immediately in writing of any seizures or other interventions affecting our property rights and to indemnify us against any costs incurred as a result of securing/realising their rights.

§ 7 Warranty and exchange of goods

(1) We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions. For you as a business, the statutory warranty period is 12 months for new and refurbished goods, and 6 months for used goods. It begins upon delivery of the goods.

(2) You are obligated to inspect the purchased goods and notify us of any obvious defects immediately. This also applies to hidden defects discovered later. If you violate your obligation to inspect and notify us of defects, the assertion of warranty claims is excluded.

(3) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be included with the items.

§ 8 Exchange service

(1) We offer our customers the opportunity to send us a defective device and receive a functional device for a discounted price.

(2) When exchanging goods for defective goods belonging to the customer, the customer is obligated to return the defective goods to us within 8 days at their own expense. If the customer fails to meet this deadline or returns irreparable goods, the customer is obligated to pay the difference between the actual value of the defective item and the price paid/credited to us, if this is their responsibility.

(3) The transport risk shall be borne by the customer.

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses in accordance with the statutory provisions in the event of intent and gross negligence.

(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breaches of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance you as a customer regularly rely.
rely on (so-called cardinal obligation), limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

(4) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of our legal representatives and vicarious agents if claims are asserted directly against them.

§ 10 Additional conditions for repair work

(1) We offer our customers a repair service for the repair of customer products. We will inform the customer of the estimated repair costs in advance, as far as possible. We cannot guarantee the preparation of an offer/cost estimate with a binding price. The cost estimate covers the scope of services specified in the respective offer and is only binding if this is expressly confirmed in writing. The customer's deadlines and the expected delivery time stated by us in the offer
Repair times are only binding if they are confirmed by us in writing and expressly recognized as binding.

(2) In the case of a repair order, the customer must complete the application form provided by us in advance or made available on the website completely and truthfully to the best of their knowledge and return it to us. The customer is obligated to provide an accurate and comprehensive description of all defects or malfunctions of the submitted assembly(s) in writing via the application form and to assist us in the error analysis and defect rectification to the best of their ability.

(3) If there are any technical or manufacturer-specific features, the customer must point them out and inform us in a timely manner about the need for certain security checks or requirements. The customer must inform us of all relevant interfaces (hardware and software) that must be observed for the provision of the services. This applies in particular if our services require the provision of programming services on data processing systems.

(4) The customer is obligated to review and back up all settings, parameter sets, and data necessary for the proper operation and functionality of the system. The customer must first verify that these settings are correctly configured for the customer's intended use and are additionally backed up externally. We are not liable for the loss of data, parameters, or settings, either during repair or during transport.

(5) If, after sending in and inspecting an item for repair, we determine that it is irreparable or that repair is uneconomical, we will inform the customer immediately. At the customer's discretion, the irreparable item can be returned to them at our expense or properly disposed of free of charge, unless expressly agreed otherwise prior to sending in the item for repair.

(6) jopesch is entitled to hand over the item to be repaired to a partner workshop or a subcontractor for repair if jopesch is unable to carry out the repair itself.

(7) If the customer does not declare that he has placed a repair order within four (4) weeks of the cost estimate being sent, we are entitled to charge a storage fee of EUR 25.00 net for each additional week or part thereof in which we store the item to be repaired.

(8) We offer a 12-month warranty on items repaired by us. However, this only applies to the components of the respective repair items that were actually repaired or replaced by us. The repaired goods are sealed by us. If this seal is opened by the customer, any warranty claim is void.

(9) If further, initially undetectable defects appear after the original defect has been repaired, we shall not be liable for full functionality unless this defect was included in the original repair order. We are then
entitled to submit a new cost estimate for further repairs, which the customer may accept. (6) applies accordingly.

§ 11 Additional terms and conditions for rental

(1) The date the rental item is shipped to the customer is considered the start of the rental period, unless expressly agreed otherwise. In the event of delays due to late payment by the customer for agreed advance payment, the rental agreement begins on the date agreed in the contract. The end of the rental period is the date the rental item is returned to us. This also applies to delays that are not our responsibility. The respective rental period is specified in the contract documents.

(2) In the event of default of payment by the customer, we shall be entitled to terminate the rental agreement without notice after setting a reasonable, unsuccessful grace period and to demand the immediate return of the rental item or to arrange for the collection of the rental item at the customer’s expense.

(3) The customer is obligated to inspect the rental item for defects immediately upon receipt. Any identifiable defects must be reported to us immediately. Failure to report defects in a timely manner will result in the customer bearing the burden of proof that the rental item was defective upon delivery.

(3) Software regulations: The leased software or firmware may only be used in accordance with the terms and conditions of the licensee and/or licensor. The customer shall ensure that the software is used only for the purposes stipulated in the contract. In the event of use contrary to the contract, the customer shall indemnify us against all claims by third parties.

(4) The rental item must be returned to us at the customer's expense and risk in the contractual condition and in suitable packaging (preferably in its original packaging). In the event of a delay in return, we are entitled to have the rental item collected from the customer at the customer's expense or to demand the agreed rental fee as compensation for the duration of the delayed return.

(5) The customer is liable for any damage or wear and tear resulting from non-contractual use of the rental item. The customer shall bear the costs of the replacement value. The customer is liable for any loss or damage during transport.

§ 12 Copyrights

We hold copyright or usage rights to all images, films, and texts published in our online shop. Use of these images, films, and texts is not permitted without our express consent. The same applies to texts and images in our offers.

§ 13 Applicable law and place of jurisdiction

(1) The contract language is German. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If you are a merchant and are domiciled in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

Version 4.0 from April 25, 2023