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Terms and Conditions (T&Cs) and Customer Information

Last updated: October 22, 2024

I. Terms and Conditions

§ 1 Basic Provisions

(1) The following Terms and Conditions apply to all contracts concluded between you and us as the provider (Joachim Behrens Scheessel GmbH) via the website jbs-agrar.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby expressly rejected.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activity.
An entrepreneur is any natural or legal person, or a legally competent partnership, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Accessibility (Accessibility Strengthening Act – BFSG)

(1) In accordance with Section 14 (1) No. 2 in conjunction with Annex 3 No. 1 of the German Accessibility Strengthening Act (BFSG), we provide information on the accessibility requirements of our website and our electronic commerce services.

Detailed information is available via a separate, clearly labeled button (e.g. “Accessibility Statement”) on our website and includes:

  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary to understand how the service is provided;
  • a description of how the service complies with the applicable accessibility requirements.

(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities.

(2) Contact details of the competent market surveillance authority:

MLBF (under establishment)
c/o Ministry of Labour, Social Affairs, Health and Equality of Saxony-Anhalt
P.O. Box 39 11 55, 39135 Magdeburg, Germany
Phone: 0391 567-4530 | Email: MLBF@ms.sachsen-anhalt.de

§ 3 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing a product on our website, we already make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective product description.

(3) The contract is concluded via the online shopping cart system as follows:

  1. The goods are placed in the “shopping cart”. You can make changes there at any time.
  2. After clicking on “Checkout” and entering your details as well as selecting payment and shipping conditions, an order overview will be displayed.
  3. If you use an instant payment system (e.g. PayPal), you will first be redirected there to enter your payment details before being returned to the order overview.
  4. By submitting the order via the final button (e.g. “Place order with obligation to pay”), you legally declare acceptance of the offer.

(4) If you submit an inquiry for a customized offer (outside the shopping cart system), you will receive a binding offer from us in text form (e.g. by email), which you may accept within the specified period.

(5) Order processing and communication take place via email. You must ensure that the email address you provide is correct and that receipt of emails is technically ensured (e.g. no spam filter blocking).

§ 4 Special Agreements Regarding Payment Methods

(1) Credit check: If we provide services in advance (e.g. purchase on account), your data will be forwarded to the Association of Creditreform Societies (Verband der Vereine Creditreform e. V.), Hammfelddamm 13, 41460 Neuss, Germany, for the purpose of a credit check. We reserve the right to refuse payment by invoice or direct debit in the event of a negative result.

(2) Payment via “PayPal” / “PayPal Checkout”: Payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. Further information is available at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

(3) Payment via “Stripe”: Payment processing is carried out by Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. Further information is available at: https://stripe.com/de

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as your claim arises from the same contractual relationship.

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

(3) In addition, for entrepreneurs: We retain title to the goods until all claims arising from the ongoing business relationship have been fully settled. Claims arising from the resale of the goods are hereby assigned to us in advance. Further details regarding the release of securities are set out in these Terms and Conditions.

§ 6 Warranty (Liability for Defects)

(1) The statutory warranty rights for defects shall apply.

(2) As a consumer, you are requested to check the goods upon delivery for obvious defects and transport damage. Failure to do so shall not affect your statutory warranty rights.

(4) Deviating from this, for entrepreneurs: The warranty period shall be **one year** from delivery of the goods (subject to statutory exceptions, e.g. in cases of injury to life, body, or health). We shall provide warranty, at our direction, by repair or replacment.

§ 7 Applicable Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their country of residence (principle of favorability).

(2) The place of the performance and jurisdiction shall be our registered office, provided you are an entrepreneur. For consumers, they statutory places of jurisdiction shall apply.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Joachim Behrens Scheessel GmbH
Milchstraße 1, 27374 Visselhövede, Germany
Telefon: +49 4262 2074 0
E-Mail: kontakt.shop@jbs-agrar.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Your Complaints Office & Whistleblower Protection

As JBS, it is important to us to comply with all applicable laws and regulations. If you become aware of misconduct or have a justified suspicion, you may submit a report via this channel. We guarantee that every report will be handled with the necessary sensitivity and seriousness.

Whistleblower Channel:

E-Mail: jbs-hinweisgeber@gmx.de

Contact person for inquiries: Matthias Grobrügge
E-Mail: matthias.grobruegge@jbs-agrar.com
Phone: 0049 4262 – 2074 190

2. Information on the Conclusion of the Contract & 3. Contract Language

  • Conclusion of the contract: The steps for concluding a contract are described in the Terms and Conditions (Part I, § 3).
  • Contract language: The contract language is German.
  • Storage of contract text: We do not store the complete contract text. However, you may print the data before submitting your order. After placing your order, you will receive all contract details (order data, Terms and Conditions, and legally required information) again by email.

4. Product Features, 5. Prices & 6. Delivery Conditions

  • Product features: The essential characteristics of the goods can be found in the respective product description.
  • Prices: All prices are total prices (including taxes). Shipping costs are not included and will be shown separately.
  • Payment methodes: The available payment methods are listed on our website (Payment Methods page).
  • Delivery conditions: Delivery conditions, delivery times, and any delivery restrictions can be found on our Shipping Methods page.
  • Transfer of risk: For consumers, the risk of accidental loss or deterioration of the goods passes to you only upon delivery. For entrepreneurs, delivery and shipment are made at your own risk.

7. Statutory Warranty Rights

Liability for defects is governed by the provisions on “Warranty” in our Terms and Conditions (Teil I, § 6).