General Terms of Business of Jedi Sports e. K., owner Symen Schendel 
hereinafter referred to as "Jedi Sports"

(Version 03/2009)

 

1. Scope of these terms of business

1.1. The General Business Terms apply to all business relations between the Customer and Jedi Sports e. K. Inh. Symen Schendel, Karl Hengsten Weg 29, 47839 Krefeld (in the following: “Jedi Sports”) created over the online shop http://www.JEDI-Sports.de, per phone, email or fax.

1.2. Customers regarding these General Terms of Business of Jedi Sports are consumers in terms of § 13 BGB, which means natural persons, who are not acting for commercial purposes or as an self employed worker.

1.3. The General Business Terms at the time of the conclusion of the contract apply.

These are shown on www.JEDI-Sports.de under the link “CONDITIONS OF USE” and can be downloaded or printed free of charge.

1.4. Changes or a revised form of the general terms of business as well as any other special conditions can be agreed with the customer in writing or if the customer agreed to a different type of communication also as agreed.

 

2. Language, contract partner, conclusion of the contract

2.1. Contract Partner, Language

Contracting partner of the customer is Jedi Sports e. K., owner Symen Schendel, Karl Hengsten Weg 29, 47839 Krefeld. The contracting language is German; contracts cannot be concluded in any other language.

2.2. Conclusion of the contract

2.2.1. Online shop orders

The products and descriptions/prices shown at the online platform display an invitation for the customer to submit a tender. The customer places the order by registering (email address, personal data and by choosing a password), accepting the general terms of business and sending out the order in the cart. The customers order is an offer to Jedi Sports for the fulfilment of a contract of sale.

After placing the order the customer will receive a confirmation by Email showing all details of the order (confirmation). The confirmation is not a binding acceptance of the order and is solely the information for the customer that Jedi Sports has received the order of the customer.

As soon as Jedi Sports has confirmed the shipping of the products and when Jedi Sports has shipped the products the contract of sale between the parties is concluded. The Parties have only concluded the contract of sale to these items which have been confirmed by Jedi Sports.

2.2.2. Orders via Email

It is possible to order products, in particular items, which will be assembled according to the customers’ request (e.g. setting up a racing bike / mountain bike with different components) via Email. The order via Email is an offer to Jedi Sports for the fulfilment of a contract of sale. The customer will receive a confirmation by email showing all details of the order (confirmation) and the general terms of business of Jedi Sports. The confirmation is not an acceptance of the order and is solely the information for the customer that Jedi Sports has received the order of the customer.

As soon as the customer accepts the general terms of business via Email and Jedi Sports receives the acceptance notice of the customer via Email, Jedi Sports confirms the shipping of the products and when Jedi Sports has shipped the products the contract of sale between the parties is concluded. The parties have only concluded the contract of sale to these items which have been confirmed (shipping) by Jedi Sports.

If items are assembled according to the customers request the contract is concluded as soon as the customer accepts the general terms of business. 

2.2.3. Telephone Orders

A telephone order will be followed by a confirmation via Email by Jedi Sports. If the customer does not have an email address, the confirmation will be sent per fax or mail. The customer receives the general terms of business with the confirmation. He will be asked to confirm the acknowledgement and the receiving of these terms. The confirmation is not an acceptance of the order and is solely the information for the customer that Jedi Sports has received the order of the customer.

As soon as the customer accepts the general terms of business via email/fax/mail and Jedi Sports receives the acceptance notice of the customer, Jedi Sports confirms the shipping of the products and when Jedi Sports has shipped the products the contract of sale is concluded. The Parties have only concluded the contract of sale to these items, which have been confirmed (shipping) by Jedi Sports.

 

If items are assembled according to the customers request the contract is concluded as soon as the customer accepts the general terms of business. 

 

3. Cancellation Policy

 

You are entitled to cancel your declaration of contract within two weeks in writing (e.g. by letter, e-mail), without stating a reason or, when the object has been handed over to you prior to the expiry of this period, by returning the object. The period of time commences after receipt of this information in written form, however not prior to receipt of the objects by the recipient (in the case of recurrent delivery of similar goods not prior to receipt of the first partial delivery), and not prior to compliance with our obligation to provide information in accordance with section 312c (2) 2 German Civil Code (BGB) in conjunction with section 1 (1), (2) and (4) BGB-InfoV and our obligations in accordance with the first sentence of section 312e (1) BGB in conjunction with section 3 BGB-InfoV. In order to comply with the period available for cancellation, it is sufficient to dispatch the notice of cancellation or the objects in good time.

 

The notice of cancellation has to be addressed to:

Jedi Sports
Owner Symen Schendel
Karl Hengsten Weg 29
47839 Krefeld
Fax: 02151 - 3261846
Email: info@jedi-sports.de

 

Effects of Cancellation:

In the event of effective cancellation, the goods and services as well as payments received by the parties shall be returned and any benefits enjoyed (e.g. interest) shall be surrendered. In the event that you are unable to return the goods or services received in full or in part, or if you are able to return them in deteriorated condition only, you may be obliged to make compensation for lost value. This does not apply to the delivery of goods, if the deterioration of such goods is exclusively due to their inspection - as would have been possible for you e.g. in a retail shop. In addition, you are able to avoid the obligation to make compensation for lost value in connection with any deterioration of the goods, which has been caused by using them in accordance with their intended purpose, by not using the goods as if you were their owner and by refraining from doing anything that might adversely affect their value.

You are obliged to bear the costs of such return, if the goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of EUR 40, or, in the event of a higher price of the goods, if you have not paid the price for such goods or made a contractually agreed partial payment at the time of cancellation. Otherwise, the return of the goods is free of charge for you. Obligations concerning the reimbursement of payments have to be fulfilled within 30 days after dispatching the notice of cancellation.

 

Exclusion of cancellation

 

The cancellation policy does not exist with distance contracts for the delivery of goods which are

 

- assembled according to the customers request or which are clearly for personal needs or the consistency of the goods is not made for returns or taints quickly or the expiration date would past

- for the delivery of audio- and video recordings or software, if the data medium has been unsealed by the customer.

 

- End of Cancellation Policy -

 

Please bear with us, that the cancellation policy does not apply for deliveries outside the European union! Transport costs of sending back to Jedi Sports will not be refunded outside of Germany, wether to the client nor back.

 

Note:

Please note, that any racing- or mountain bike offered is assembled according to your request. You are not entitled to cancel these contracts because the components of these bikes can only be detached with some effort and only be separated from the bike with depreciation of the value.

 

 

 

4. Your Account

If you register to the online shop, please keep the information of your account and password confidentially. You agree to accept responsibility for all activities that occur under your account or password.

 

5. Prices, payments, shipping costs

5.1. Our prices are quoted as gross prices including VAT. Additional payment and shipping costs will be shown at the order mask and can be obtained at the Link “shipping and returns”.

5.2. The prices shown on the Online platform are subject to change with notice to the customer before the conclusion of the contract. In this case the order confirmation will be a modified offer to the customer, which needs to accept by the customer. A contract will only be concluded if the customer agrees to the modified offer given by Jedi Sports.

5.3. Payments can be made by prepayment, per Paypal or by cash on delivery service (COD; only if the item is shipped inside Germany and if you are not buying an assembled bike; additional charges apply, see “Shipping and Returns”). The cash on delivery service is not offered outside Germany.

5.4. Shipping costs

 

Country / Island	Parts		Wheels		Frames & Bikes
Germany		5,00	10,00	20,00
Germany / Cash on Delivery		15,00	20,00	COD only possible with frames, not for bikes
Belgium		12,00	18,00	50,00
Czech Republic		12,00	18,00	50,00
Croatia		50,00	70,00	100,00
Denmark		12,00	18,00	50,00
Estonia		28,00	40,00	60,00
France		20,00	28,00	60,00
Finland		28,00	40,00	60,00
Great Britain		20,00	28,00	60,00
Great Britain, Gurnsey & Jersey		35,00	45,00	75,00
Greece		42,00	55,00	80,00
Greece Island		72,00	85,00	110,00
Hungary		20,00	28,00	60,00
Ireland		20,00	28,00	60,00
Italy		20,00	28,00	60,00
Latvia		28,00	40,00	60,00
Lithuania		28,00	40,00	60,00
Luxembourg		12,00	18,00	50,00
Netherlands		12,00	18,00	50,00
Norway		48,00	60,00	80,00
Norway Island		80,00	100,00	120,00
Austria		12,00	18,00	50,00
Poland		20,00	28,00	60,00
Portugal		28,00	40,00	60,00
Portugal / Azores & Madeira		68,00	80,00	100,00
Sweden		20,00	28,00	60,00
Switzerland		30,00	45,00	75,00
Slovenia		20,00	28,00	60,00
Slovakia		20,00	28,00	60,00
Spain		28,00	40,00	60,00
Spain, Baleares & Canarean Islands		68,00	80,00	100,00
Overseas		On demand

 

6. Deliveries, passing of risk, reservation of proprietary rights

6.1. The items will be shipped to the given address for delivery. Items in stock will be shipped within 5 working days. The delivery time for Items out of stock will be shown in the online shop.

6.2. The delivery takes place at Jedi Sports own risk. The Risk of loss by error is passed over if the item is given to the customer or person named by the customer.

6.3 The property rights will stay with Jedi Sports until the item is completely paid by the customer.

6.4. Jedi Sports will contact the customer directly if Jedi Sports is not able to deliver the items on time or at all. In these cases the customer can choose either to withdraw his offer or to wait for the delivery. If the delivery is impossible both parties can withdraw the contract. In the event of a withdraw Jedi Sports is obliged to directly refund the money to the customer.

6.5. Reasonable partial deliveries shall be permissible. In the case of a partial delivery by Jedi Sports no extra shipping costs apply. Extra shipping costs apply if the customer demands partial deliveries

 

7. Warranty

7.1. In respect to the quality of the goods only Jedi Sports product description shall be deemed to be the contractually agreed quality of the goods. Any other advertising or public statement of the producer or their assistants is unremarkable.

7.2. In the case of an apparent defect the customer is obliged to give Jedi Sports notice within 2 weeks after receiving the goods. In order to comply with the period, it is sufficient to dispatch the notice in good time.

7.3. Claims of the customer based on defects on supplementary performance, cancellation of the contract or abatements of the purchase price are determined by the applicable German law.

Regarding any claims of compensation besides the delivery the following number 8 applies.

 

8. Liability

8.1. Jedi Sports will not be liable for any minor negligently acting, if these acting’s do not affect major contractual duties or warranties or loss of life, bodily injury or impairment of health or claims regarding the product liability law (Produkthaftungsgesetz).

8.2. If Jedi Sports is liable for any minor negligently acting their liability is limited to the contractual and foreseen liabilities.

8.3. As far as Jedi Sports liability is limited the same applies for their representative, employees and vicarious agents.

8.4. Jedi Sports is not liable for reliability performance of the digital data network, servers or any other data line and the permanent connection of the online shop.

 

9. Setting off

The Customer may only set off counterclaims that have been upheld by a final and not appealable court judgement or have been undisputed.

 

10. Data Protection

10.1. Jedi Sports uses the personal data, which has been given freely by the customer, solely in the scope of the data protection law (Bundesdatenschutzgesetz; BDSG) and the German Teleservices Act (Telemediengesetz; TMG).

10.2. Personal data will only be surveyed if the customer discloses the data freely by using the online shop, or if he discloses the data freely by fax, email, mail or via telephone. Jedi Sports processes and passes the data only to third persons so far as the information is necessary to conduct the business. The data will be passed to the delivery service and – if necessary – to the payment handling institution. The data may also be passed to the manufacturer if the customer bases a claim on warranties. Other parties have no access to the data.

10.3. The customer has the right to get information about his saved personal data and may update the data or reject the use of the data or apply the cancellation of his personal data at any time.

10.4. Jedi Sports may create a usage profile or uses the personal data pseudonymously for commercial purposes, market research or for demand-actuated offers.

10.5. The data protection notification is shown at www.JEDI-Sports.de under the link “PRIVACY NOTICE”.

10.6. Any information regarding the data survey and the use of the personal data, for updates or cancellations can be asked to the in number 1 of these general terms of business given address.

 

11. Transport damages

If obvious damages to the packaging arise or the item is damaged when it gets delivered, the customer is obliged, regardless to his warranties, to immediately claim the damages to the delivery service and decline the acceptance. In addition to this Jedi Sports needs to be contacted by the customer. The customer needs to contact Jedi Sports to defend the rights against the delivery service.

 

12. Waste Management

12.1. Packaging Act (Verpackungsverordnung)

Jedi sports is obliged by the packaging act to take back packages of the sold items and to take care of the disposal or recycling. Pursuant to § 6 Packaging Act (Verpackungsverordnung)

Jedi Sports is affiliated to the following dual system: Der grüne Punkt - www.gruener-punkt.de.

 

Our license number is: 5559842

 

Jedi Sports complies with the statutory regulations.

 

If the customer has any questions regarding the take back of the packaging, please contact Jedi Sports at:

 

Jedi Sports e. K.
Owner Symen Schendel
Karl Hengsten Weg 29
47839 Krefeld
Phone:             +49 (0) 2151 – 32 61 844

Fax:     +49 (0) 2151 – 32 61 846
Email: info@jedi-sports.de

12.2. Battery Act (Batterieverordnung)

Jedi sports sells some items with batteries, e. g. bicycle lights. Pursuant to § 5 battery act (Batterieverordnung) Jedi Sports is obliged to point out, that you are not allowed to dispose batteries or rechargeable batteries into the households waste, but solely through the stores or at special collecting points. The customer may send all batteries/rechargeable batteries bought at Jedi Sports back to Jedi Sports. Jedi Sports will dispose the batteries free of charge and environmentally compatible. If you send the batteries back to Jedi Sports please be aware to pack the batteries carefully to prevent an inflaming.

 

13. Final clause

13.1. The contractual relationship is exclusively subject to the laws of the federal republic of Germany, the CISG (UN Sales Law Convention of 11 April 1980 on the international Sale of Goods) is excluded. The compulsive laws in the state of the customer’s habitual residence stay unaffected.

13.2. If provisions are or become invalid this shall not affect the validity of the other provisions of these General Terms of Business. In this case the provision that is or has become ineffective, in full or in part, will be replaced by a suitable agreement that most closely meets the economic content of the ineffective provision or the ineffective part.