Terms of Trade
These terms of trade govern the sale and supply of goods by JARO Medien GmbH to you. The conditions apply which are in affect on the day of your order. You can download or print the terms. No additions, alterations to or variations in the terms shall be binding unless we have agreed thereto in writing.
1. JARO Medien GMBH’s Contract with You
(a) All information pertaining to products and prices provided during the order process are subject to change. No contract shall exist between you and JARO Medien GMBH until you have received confirmation through shipping or delivery of the goods.
(b) Check for obvious typing or calculating errors as well as discrepancies between the order, confirmation and items delivered. You are obliged to inform us of any such errors immediately. In the event that you or we decide the items should be returned, do not unpack any of the items. You will otherwise be held liable for any loss of value unless the cancellation falls under the terms of the Distance Selling Regulations. Return the items to the address listed on the packing list/invoice. You pay the cost of return.
2. Your Right to Cancel
(a) You have the right to cancel the contract within 14 days of delivery. Written notification of cancellation within this period suffices. We reserve the right to hold you financially responsible for any loss of value. We cannot accept cancellation or returns for any CDs where the seal has been broken or removed.
(b) Send notification of cancellation by mail or other permanent form, email or by Phone:
JARO Medien GmbH – Mailorder
Phone: ++49 (0) 421-7941194
Fax: ++49 (0) 421-74066
(c) Cancellation of the order within the period stated relieves you of all obligations. JARO Medien GmbH will refund the full amount paid by you. You are obliged to return the goods. You pay the cost of return.
(a) If goods are to be delivered outside of Germany or you choose a special form of shipping, we may ask you to confirm the shipping costs in advance. You are responsible for any additional taxes or import duties that may arise with deliveries abroad.
(b) The ordered goods are shipped from our warehouse. We are generally able to deliver within three working days in Germany, though delivery can take a bit longer. Orders are shipped the next business day.
(c) We may deliver items in an order separately. If you cannot make use of a partial order, then do not unpack the package until the rest of the order has arrived. If you open the items you will be held responsible for any costs resulting from loss of value should you chose to return the goods after the deadline. JARO Medien GmbH pays for any additional shipping costs arising from separate delivery of items in an order.
(a) Title to the goods will pass to you on payment in full.
(b) We can only accept the forms of payment listed on the order form. Please give your bank permission to pass on the account holder’s name and current address to us for returns or should the bank be unable to honour your cheque or authorized withdrawal.
(c) Should you, despite reminders, fail to pay within the period allowed we are entitled to charge you the European Central Bank’s basic interest rate plus 5% in late penalties, unless it is proven that the actual loss was less.
5. Guarantees and Liability
(a) Should the delivered goods be faulty or damaged, we will replace them or otherwise rectify the problem in a reasonable period of time, subject to proof of actual damages. Should this not be possible, you can choose to cancel the purchase or to accept a reduction in price. This guarantee is valid for six months.
(b) JARO Medien GmbH can be held accountable for any loss occurring through breach of contract or when the promised features have not been provided. We can only be held liable over and above this, for whatever legal reason whatsoever, in accordance with the Product Liability Law or for damages caused by the company or the company’s servants due to gross negligence or with intent.
(c) In the case of damages occurring through breach of contract due to negligence, JARO Medien GmbH shall only be liable for typical and expected damages at the most, usually not exceeding the price of the goods ordered. Liability for loss through negligence is restricted to damages to the goods ordered.
6. Validity of Terms and Conditions
(a) Contracts are governed by German law under exclusion of UN Purchasing Rights, including orders from abroad or those delivered abroad. Bremen is the court of jurisdiction for all legal proceedings pertaining to your order if your permanent residence or current address is outside of Germany. We also maintain the right to initiate legal proceedings at your court of jurisdiction. In the event of a legal dispute our address for summons is: JARO Medien GmbH, Bismarckstr. 43, D-28203 Bremen, Germany.
(b) The right of set off or reduction will only be honoured if your counter claim has been validated in court or we have given written acknowledgement of your claim. Holding back of payment must apply to the contract in question.
(c) If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.