Terms and conditions

General Terms and Conditions and Customer Information

  1. General terms and conditions of business
  • 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Janado GmbH) via the website www.janado.de Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

  • 2 Conclusion of the contract

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

(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

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

The goods intended for purchase  are stored in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.

After clicking the "Checkout" or "Continue to order" button  (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to check the details in the order overview again, change them (also via the "back" function of the Internet browser) or cancel the order. 

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

  • 3 Special agreements on payment methods offered

(1) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options.Payment is made to Klarna:

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Invoice ("Pay Later"): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice); the conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension).

The Klarna invoice terms and conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice); the conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension).  

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Installment purchase ("Financing"): Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account); the conditions for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3).

Further information on installment purchase, including the general terms and conditions and the European standard information on consumer credit for Austria, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account); the conditions for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3 (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3).  

-  direct debit ("Pay Now") 

-  credit card  The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information about Klarna and the Klarna Terms of Use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user) and https://www.klarna.com/de/ (https://www.klarna.com/de/). 

Further information about Klarna and the Klarna Terms of Use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user) and https://www.klarna.com/at/ (https://www.klarna.com/at/).

(2) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

(3) Payment via "Stripe"

If you select a payment method offered by "Stripe", the payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de (https://stripe.com/de).

  • 4 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer of ownership as security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

 
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

  • 5 Warranty

(1) The statutory liability for defects applies.

(2) If we inform you of this before submitting the contract and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from delivery of the goods. The above restriction does not apply:

- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;

- if we have fraudulently concealed the defect or provided a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(4) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion by repair or replacement. If the remedy of the defect fails, you can, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the type of goods or the defect or other circumstances.In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- damages caused by our negligence resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;

- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;

- in the case of items which have been used for a building in accordance with their usual purpose and have caused its defectiveness;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

  • 6 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle). 

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

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

II. Customer information

  1. identity of the seller

 

Janado GmbH
Hansaallee 321 Building 37
40549 Düsseldorf
Germany

Phone: 021197532701
E-mail: service@janado.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2 Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3 Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order  via the online shopping cart system  The contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4 codes of conduct

4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

4.2.We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

5 Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6 Prices and payment terms

6.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

6.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.

6.4 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

6.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately. 

7 Delivery Conditions

7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 

If you are an entrepreneur, delivery and shipping are at your risk.

8 Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

9Janado Guarantee / Janado Care - Warranty extension

9.1. Scope of the “Janado Guarantee” / "Janado Care - extended warranty"

In addition to the aforementioned statutory warranty, we offer consumers the 12-month "Janado guarantee" for electronic items when they purchase something: Our guarantee covers all functions of the purchased device that are defined by the manufacturer as technical specifications of the respective device when it is delivered from the factory. If these functions are defective within the guarantee period, you can return the product to us. For a free return, simply send an email to service@janado.de">service@janado.de.Please note that the goods must be returned including the original accessories. If these accessories are missing, any refund amount will be reduced accordingly.

The JANADO guarantee period is 12 months from the day of delivery to you. The guarantee period will not be extended due to the performance of guarantee services. In these cases, the guarantee period does not start again.

The warranty period can be extended by 6, 12 or 24 months by purchasing the "Janado Care - Warranty Extension".

After you - if you are a consumer - have returned the purchased goods, we will check the goods for defects as defined in the functional defects mentioned above. If we find defects, we are free to repair the goods or refund you the value of the device. The usual case is to repair the old device. If this is not possible, we will keep the device and refund you the purchase price you paid. The decision as to whether a repair or a refund is possible is at our discretion and does not require any further justification. We will contact you about the return of the goods; we will bear the cost of the return.

In the event of a refund of the purchase price, we will use the same payment method that you used for the original transaction. If you transfer the money to a bank account, depending on the bank and country, payments will be credited to your bank account 2 to 7 working days after we instruct you. In the event of a transfer abroad, you will be responsible for any costs that may arise. Please ask your bank about any costs associated with your specific transfer request.

You must provide us with a sworn statement about the time the defect occurred and that you did not cause the defect. If you make use of the "Janado Guarantee", you must inform us of the defect immediately after it occurs. The declaration of exercising the "Janado Guarantee" must be received by us within 12 months of the delivery date. The declaration must be sent by email to our customer service, which you can reach via service@janado.de">service@janado.de The transfer of the Janado guarantee to third parties is excluded.

 

9.2. Exclusion of the “Janado Guarantee” / "Janado Care - extended warranty"

   The "Janado Guarantee" / "Janado Care - extended warranty" does not apply to

  •    Wear parts, such as removable memory cards, shutters on cameras and lenses;
  •    Fragile parts, such as glass, display, lenses, due to breakage;
  •    Consumables such as batteries;
  •    Operating and handling errors, damage caused by aggressive environmental influences, chemicals, cleaning agents;
  •    Defects in the product caused by installation and transport;
  •    Media items such as DVDs, books, software, music, games, etc.

 

9.3.The "Janado Guarantee" / "Janado Care - extended warranty" does not apply to

  •    Defects caused by your improper handling, excessive use, incorrect handling or operation of the goods, in particular incorrect storage as well as falling or strong shocks to the goods.

  

9.4. Examples include:

  •    Breach of seal not required by the operating instructions;
  •    Cracked display and/or housing;
  •    Cable breakage with non-replaceable headphone cable;
  •    water damage;
  •    Electrical defects due to chargers not approved by the manufacturer;
  •    Installation of software not approved by the manufacturer (including apps etc.);
  •    Failure to comply with the assembly, care and usage instructions;
  •    Damage resulting from normal wear and tear (e.g. signs of use on the casing and/or display) or intentional damage;
  •    Improper commissioning;
  •    Lack of or faulty maintenance;
  •    Damage to the device which indicates use other than that for which it was intended;
  •    Accidents, natural disasters and all other causes beyond our control or foreseeability, including but not limited to lightning, water, fire, riots and inadequate ventilation and air conditioning conditions.

 

 

last updated: November 29, 2023