Conditions of Use

General terms and conditions for purchases via the JOM Car Parts & Car Hifi GmbH online shop
1 Scope and subject of the contract
1.1 JOM Car Parts & Car Hifi GmbH, Harpener Hellweg 16, 44805 Bochum (“Seller”) offers the purchase of various products for motor vehicles, such as lighting, chassis or exhaust technology, and other accessories for motor vehicles via its website (“Website”) ("Products").
1.2 These general terms and conditions for the purchase of products (“GTC”) regulate the contractual relationship between the customer who purchases the product (“customer”) and the seller (together “parties”).
1.3 The currently applicable terms and conditions can be called up by the customer at https://www.jom.de/de/unsere-agb during the ordering process and at any time and can be saved and printed there by the customer. We also attach these terms and conditions to the products so that the customer also receives these terms and conditions after the contract has been concluded. The seller does not save this contract text after the conclusion of the contract.
1.4 These terms and conditions apply in the version valid at the time of the order.
1.5 The customer recognizes the validity of these terms and conditions as the contractual basis for the offer of the products by the seller.

2 Contractual partners and formation of the contract
2.1 The customer's contractual partner is the seller.
2.2 The customer can purchase products on the website as a registered user or with a guest account. As a registered user, the user's order data is saved and automatically pre-entered during the ordering process so that orders can be processed more quickly.
2.3 The provision of the products offered on the website does not constitute a binding offer to conclude a purchase contract, but an invitation to submit an offer by the customer. The customer makes a binding offer to purchase the selected products as soon as they all demanded Provided information during the ordering process, accepted these terms and conditions and clicked on the "ORDER WITH PAYMENT" button ("offer"). Up to one click on the "ORDER WITH OBLIGATION TO PAY" button, the customer can cancel or change his order at any time by clicking the "edit" button on the information that the customer would like to change.
2.4 The seller sends a confirmation of the order of the products ("order confirmation email") to the customer's email address that he specified during the ordering process immediately after receipt of the offer by the seller. This order confirmation email does not yet constitute a declaration of acceptance by the seller. The order confirmation email contains the essential data of the customer's order. These terms and conditions are enclosed with the products and the customer receives them when the products are delivered.
2.5 The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 working days of receipt of the offer or has expressly accepted the offer by sending an order confirmation or sending an invoice ("conclusion of contract") .
2.6 In the case of prepayment, the contract is concluded with the provision of the bank and payment data.

3 Services of the seller
3.1 The seller offers the products described in more detail on the website, in particular the product detail pages.
3.2 At the customer's request, we will send the products to an address specified by the customer.

4 Customer Obligations
4.1 The customer is obliged to provide complete and correct information when submitting the offer.
4.2 If the customer chooses collection from the seller as the shipping method, the customer is obliged to collect the products from the seller within 14 working days of the conclusion of the contract.
4.3 If delivery of the delivery fails due to the fault of the buyer, the seller will ask the buyer to provide a correct delivery address. The seller makes two further delivery attempts at an interval of four weeks each from the conclusion of the contract. These further delivery attempts are made to the corrected delivery address; if the buyer has not given the seller a corrected delivery address at the aforementioned times, the next delivery attempt will be made to the originally specified delivery address. If these further delivery attempts also fail, although the seller has asked the buyer to provide a correct delivery address after the first two delivery attempts, the seller can withdraw from the contract. If necessary, the seller will reimburse the customer immediately for any payments made. Further claims, in particular because of the additional delivery costs incurred, are based on the statutory provisions.
4.4 A commercial or commercial resale of the products may be possible says. This does not apply if the seller has given his express consent.

5 Prices and Terms of Payment
5.1 With the conclusion of the contract, the customer undertakes to pay the purchase price agreed upon conclusion of the contract for the products purchased by the customer plus any shipping costs agreed upon upon conclusion of the contract ("purchase price").
5.2 Unless otherwise stated, all prices are gross including statutory sales tax, plus any agreed delivery and shipping costs. The purchase price is clearly communicated to the buyer during the ordering process.
5.3 The purchase price is due upon conclusion of the contract.
5.4 Payment is made using the payment method chosen by the customer in the ordering process. If the seller commissions third-party providers to process payments, for example Klarna or PayPal, their general terms and conditions apply.
5.5 The seller is entitled to remove or add individual payment methods. The available payment methods are shown to the customer before the contract is concluded.
5.6 In the case of a return debit, the customer is obliged to reimburse the costs actually incurred by the seller as a result of the return debit.

6 delivery; Retention of title
6.1 The ordered products are delivered by the shipping service provider indicated in the ordering process and possibly selected by the customer. The currently available delivery options can be viewed on the website.
6.2 Delivery takes place within the delivery period specified before the conclusion of the contract by the shipping service provider selected by the customer in the delivery type selected by the customer. The delivery period begins as soon as the purchase price has been received by the seller. The seller has no influence on postal delivery times.
6.3 The customer bears the shipping costs. The amount of the shipping costs will be displayed to the buyer before the contract is concluded.
6.4 The seller is entitled to make partial deliveries insofar as this is reasonable for the customer. In the case of a partial delivery, the customer only bears the shipping costs that are incurred for the first of the partial deliveries.
6.5 The products remain the property of the seller until the purchase price has been paid in full.

7 Disclaimer and Limitation of Liability
The seller is finally liable within the scope of these terms and conditions as follows:
7.1 The seller is fully liable for intent and gross negligence as well as for damage resulting from injury to life, limb or health.
7.2 In cases of slight negligence, the seller is liable in the event of a breach of an essential contractual obligation. An essential contractual obligation within the meaning of this section is an obligation, the fulfillment of which enables the execution of the contract and on the fulfillment of which the contractual partner can therefore regularly rely.
7.3 Liability in accordance with Section 7.2 is limited to typical and foreseeable damage at the time the contract was concluded.
7.4 The limitations of liability apply accordingly in favor of the employees, agents and vicarious agents of the seller.
7.5 Any liability on the part of the seller for guarantees given and for claims based on the Product Liability Act or in the event of data protection violations remains unaffected.

8 Statutory right of withdrawal
If the customer is a consumer within the meaning of Section 13 of the German Civil Code, i.e. a natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed, the customer generally has a statutory right of withdrawal according to the following stipulation:
8.1 Cancellation policy when purchasing products with the exception of subscriptions
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us

JOM Car Parts & Car Hifi GmbH
Harpener Hellweg 16
44805 Bochum, Germany
Tel: +49 234 90295 0
Fax: +49 234 90295 95
Email: jom@jom.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of cancellation
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by us Standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract
to be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.


8.2 Model withdrawal form
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: JOM Car Parts & Car Hifi GmbH, Harpener Hellweg 16, 44805 Bochum, email: jom@jom.de.
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods
- Received at (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date

(*) Delete where inapplicable.


9 Others
9.1 The contract language is German. Translations into other languages ​​are only intended to make it easier to understand and are not legally binding.
9.2 Should individual provisions of this contract violate mandatory law in whole or in part or be void or ineffective for other reasons, this shall not affect the remaining provisions.
9.3 The European Commission provides a platform for online dispute resolution that the customer can access at https://www.ec.europa.eu/consumers/odr. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
9.4 The law of the Federal Republic of Germany applies to the contractual relationships between the seller and the customer, excluding the uniform UN sales law (CISG). If the customer is a consumer and does not have a place of residence in the Federal Republic of Germany, the contractual relationship is exclusively subject to the law of the Federal Republic of Germany to the exclusion of the CISG, unless mandatory provisions of the law of the state in which the consumer has his habitual residence has to provide something else.
9.5 If the customer has no general place of jurisdiction in Germany or in another EU member state, or is the customer a merchant or a legal entity under public law, or has the customer moved his permanent residence abroad after these terms and conditions come into effect or is his residence or Usual place of residence is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
As of September 27, 2018