Terms and Conditions (GTC)
§1These General Terms and Conditions generally apply to all business relationships between M.Jentsch – Mineralien und Rohsteine (hereinafter: Jentsch) and its business partners or customers in the current version valid at the time the contract was concluded.
We expressly do not recognize any other terms and conditions or the customer's terms and conditions that deviate from ours, unless Jentsch has recognized them in writing in individual cases. The business relationship is created by ordering goods after the customer has registered with their name and address.
The presentation of Jentsch's goods on the Internet does not constitute an offer within the meaning of §§ 145ff BGB. If the customer sends an order to Jentsch by email, he is submitting an offer within the meaning of § 145 BGB. If there are errors in the presentation of the goods on the Internet, Jentsch will point them out and correct them or submit a correspondingly corrected offer.
With the acceptance of the order by Jentsch, the purchase contract is concluded, always subject to availability. The acceptance of the contract is not expressly confirmed by the Jentsch company, the customer waives this within the meaning of § 151 S.1 BGB. If the order cannot be executed, this will be communicated to the customer. There are usually exceptions during certain trade fair times (e.g. in Munich, St.Marie-aux-mines, Tucson) or during our expeditions abroad. These times are announced in the online shop.
Jensch is entitled to make partial deliveries.
We reserve the right to request a deposit of 30% of the order value for orders over €3000.
For orders under €20 we charge a handling fee of €2.50.
We only deliver to new customers against cash payment, advance payment, cash on delivery or credit card payment (Masters and Visa are accepted).
Jentsch usually sends the goods through Deutsche Post AG, or at the customer's special request through service providers named by the customer. Larger quantities of goods are delivered by logistics partners. When the goods are handed over to the logistics company, all shipping risks are transferred to the customer (this does not apply to customers within the meaning of Section 13 of the German Civil Code).
If Jentsch has not promised a delivery date in writing, these are otherwise non-binding.
The goods remain the property of Jentsch until all of Jentsch's claims against the customer have been paid in full.
All invoice amounts as well as additional costs such as transport or shipping costs are due on the date stated on the invoice.
In the event of default, Jentsch is entitled to demand the statutory default interest and a reminder fee, without prejudice to the assertion of higher damages.
The customer within the meaning of Section 13 BGB has the right to revoke the conclusion of the contract within 14 days of receipt of the goods by returning the goods to Jentsch. This deadline is met by sending the goods in good time. Customers within the meaning of § 13 BGB bear the risks of transport and the burden of proof of sending or accessing Jentsch.
Up to a goods value of € 40, the end consumer bears the costs of the return. A purchase price that has already been paid will be reimbursed by Jentsch if the item is returned.
In the event of loss or depreciation of the goods, the customer must pay the corresponding depreciation in value, which can correspond to the purchase price in individual cases.
Minerals are not standardized goods, each piece is unique in itself. The customer is aware that photos in the online shop only serve as a guide, unless individual items are offered and priced to which the corresponding photo refers.
Defects, if any, must be reported immediately by the customer. Jentsch will attempt to rectify these by supplying a replacement if Jentsch is responsible for the defects. Goods that the customer personally acquires in the sense of § 14 BGB in the Jentsch company warehouse or at sales fairs are considered sold as seen and are generally non-returnable.
Jentsch processes and stores customer data electronically to the extent that this is necessary for smooth business operations. This data is treated confidentially in accordance with the Federal Data Protection Act (BDSG) and is never passed on to third parties. The customer can at any time request access to the data stored about him and their immediate deletion.
Liability for damage incurred by the customer as a result of a delay or an impossibility for which Jentsch is responsible or due to the breach of an obligation, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) is limited to damage which is typical and foreseeable for the compatible use of the goods. Liability is limited to twice the order value. Any further liability such as financial loss or lost profit is excluded.
§8thThis contract is exclusively subject to the substantive law of the Federal Republic of Germany with the exception of the UN agreement on the international sale of movable property.
The place of jurisdiction for all parties is Lemgo (Lippe district).