GTC
General Terms and Conditions
for Online Orders
Jutger GmbH & Co. KG
Industriehof Trecknase 10 · 42897 Remscheid
Version: June 2026
§ 1 Scope and General Provisions
1. All deliveries and services of Jutger GmbH & Co. KG (hereinafter referred to as the “Seller”) shall be provided exclusively on the basis of these General Terms and Conditions (GTC) in the version valid at the time of the order.
2. Consumers within the meaning of these GTC are natural persons with whom business relationships are established and who are not acting in the exercise of a commercial or self-employed professional activity (§ 13 German Civil Code (BGB)). Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding the contract (§ 14 BGB). Customers within the meaning of these GTC include both consumers and entrepreneurs.
3. Deviating, conflicting, or supplementary GTC of the customer shall become part of the contract only if the Seller has expressly agreed to their validity in writing.
4. The contract text will be stored by the Seller after the conclusion of the contract. The customer may access the GTC at any time on our website. The order data and GTC will be sent to the customer by email after the contract has been concluded.
§ 2 Conclusion of Contract
1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to submit an offer (invitatio ad offerendum).
2. By submitting the order, the customer makes a binding offer to purchase the goods contained in the shopping cart. The purchase contract is concluded only through our express order confirmation by email or by dispatch of the goods.
3. The conclusion of the contract is subject to correct and timely self-supply by our suppliers. This applies only if the non-delivery is not attributable to the Seller and a corresponding covering transaction has been concluded with the supplier. The customer will be informed immediately of any unavailability; any consideration already provided will be refunded without delay.
§ 3 Delivery
1. Delivery shall be made to the delivery address specified by the customer. Delivery times are non-binding unless an explicit fixed delivery date has been agreed upon. Delivery is generally made on the day payment is received, and no later than within the period specified in the product description.
2. Partial deliveries are permitted insofar as they are reasonable for the customer.
3. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes upon handover to the freight forwarder, carrier, or other person designated to carry out the shipment (§ 447 BGB). If the customer is a consumer, the risk passes only upon physical delivery of the goods to the customer (§ 475 para. 2 BGB). Default in acceptance by the customer shall be equivalent to delivery.
§ 4 Prices and Payment
1. The prices stated in the online shop at the time of the order shall apply. For consumers, these are final prices including statutory VAT. For entrepreneurs, VAT is shown separately.
2. Price changes resulting from manufacturer price increases are permissible only in contracts with entrepreneurs if more than 6 weeks elapse between the conclusion of the contract and the agreed delivery date. In contracts with consumers, price changes are permissible only if the delivery period exceeds 4 months and only to the extent of the proven increase in costs; in this case, the consumer shall have a right of withdrawal from the contract.
3. In the event of default, the consumer shall owe default interest at a rate of 5 percentage points above the base interest rate pursuant to § 247 BGB, and the entrepreneur at a rate of 9 percentage points above the base interest rate (§ 288 BGB).
§ 5 Set-Off, Right of Retention, Assignment
1. The customer may set off claims against claims of the Seller only with undisputed or legally established counterclaims. The customer may assert a right of retention only insofar as it is based on claims arising from the same purchase contract.
2. The assignment of rights or the transfer of obligations of the customer arising from a purchase contract requires the Seller’s written consent.
§ 6 Retention of Title
1. The delivered goods remain the property of the Seller until full payment of the purchase price has been made (§ 449 BGB).
2. Prior to full payment, the customer is not permitted to pledge, assign as security, process, or modify the goods without the Seller’s express written consent.
3. If the customer is an entrepreneur, they are entitled to resell the goods in the ordinary course of business. The customer hereby assigns to the Seller all claims arising against third parties from the resale in the amount of the invoice value.
§ 7 Warranty
1. The statutory warranty rights shall apply. The limitation period for warranty claims relating to new goods is 2 years from delivery for consumers. For used goods, the limitation period for consumers is 1 year from delivery, provided that the consumer was expressly informed of and agreed to this reduction before the conclusion of the contract. For entrepreneurs, the warranty period is 1 year from delivery.
2. If the buyer is an entrepreneur, the Seller shall remedy defects, at its discretion, by repair or replacement delivery. If the buyer is a consumer, the consumer initially has the right to choose whether subsequent performance shall take the form of repair or replacement delivery. The Seller is entitled to refuse the chosen type of subsequent performance if it is possible only at disproportionate cost and the alternative method remains without significant disadvantages for the consumer.
3. If subsequent performance fails after the second attempt, the customer may, at their discretion, demand a price reduction or rescind the contract. There shall be no right of rescission in the event of only a minor breach of contract.
4. Entrepreneurs are obliged to inspect the goods for defects immediately upon receipt and to notify obvious defects in writing within 2 weeks (§ 377 German Commercial Code (HGB)). Hidden defects must be reported immediately after discovery. Failure to provide notification shall result in the goods being deemed approved.
5. The Seller does not provide guarantees in the legal sense. Manufacturer warranties remain unaffected.
6. If the buyer is an entrepreneur, only the manufacturer’s product description shall generally be deemed agreed as the description of the goods. Public statements, promotions, or advertising by the manufacturer shall not constitute a contractual statement of quality.
§ 8 Limitations of Liability
1. In the event of slightly negligent breaches of duty, the Seller’s liability shall be limited to the foreseeable, typical, direct average damage arising from the nature of the goods. This also applies to slightly negligent breaches of duty by the Seller’s legal representatives or vicarious agents.
2. Toward entrepreneurs, the Seller shall not be liable for slightly negligent breaches of non-essential contractual obligations.
3. The foregoing limitations of liability shall not apply to claims arising from product liability, defects fraudulently concealed, the assumption of a guarantee, or injury to life, body, or health.
4. Claims for damages by the customer due to a defect shall become time-barred after 2 years from delivery of the goods for consumers and after 1 year for entrepreneurs. This shall not apply in cases of intent, gross negligence, fraudulent conduct, or injury to life, body, or health.
5. Data communication via the Internet cannot be guaranteed to be available at all times and free from errors. The Seller therefore accepts no liability for the continuous or uninterrupted availability of the online shop or for technical errors beyond its control. The customer is responsible for regularly backing up data and software.
§ 9 Right of Withdrawal for Consumers
1. Consumers are entitled to a statutory right of withdrawal pursuant to §§ 312g, 355 BGB. The complete withdrawal notice, including the model withdrawal form, forms part of this contractual documentation and will be provided separately to the consumer before the conclusion of the contract and confirmed by email after the contract has been concluded.
2. The right of withdrawal does not apply to the following contracts:
– Delivery of goods made according to customer specifications or clearly tailored to personal needs;
– Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery;
– Delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature.
§ 10 Data Protection
1. The collection, processing, and use of the customer’s personal data shall be carried out exclusively in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the applicable data protection regulations. Further information can be found in our privacy policy, which is available at any time on our website.
2. The customer may revoke consent to data processing at any time with effect for the future. Such revocation shall not affect the lawfulness of processing carried out prior to the revocation.
§ 11 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed via the following link:
https://ec.europa.eu/consumers/odr
Our email address: info@jutger.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The above reference to the ODR platform is made due to a statutory obligation pursuant to § 36 VSBG.
§ 12 Prohibition of Set-Off, Right of Retention
Note: The provisions regarding set-off and the right of retention are governed by § 5 of these GTC. This section is omitted in the revised version.
§ 13 Jurisdiction and Applicable Law
1. For all disputes arising from contracts with entrepreneurs, the exclusive place of jurisdiction shall be the Seller’s registered office (Remscheid). However, the Seller is also entitled to bring legal action at the entrepreneur’s place of business. This jurisdiction agreement does not apply to consumers; the statutory rules on jurisdiction shall apply.
2. All legal relationships arising from this contract shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.
§ 14 Final Provisions
1. All product and company names mentioned by us are trademarks of their respective owners or manufacturers. Printing errors and mistakes reserved.
2. Insofar as we provide access to other websites via links from our website, we assume no liability for their content.
3. Should one or more provisions of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision (severability clause).
4. Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement itself.
for Online Orders
Jutger GmbH & Co. KG
Industriehof Trecknase 10 · 42897 Remscheid
Version: June 2026
§ 1 Scope and General Provisions
1. All deliveries and services of Jutger GmbH & Co. KG (hereinafter referred to as the “Seller”) shall be provided exclusively on the basis of these General Terms and Conditions (GTC) in the version valid at the time of the order.
2. Consumers within the meaning of these GTC are natural persons with whom business relationships are established and who are not acting in the exercise of a commercial or self-employed professional activity (§ 13 German Civil Code (BGB)). Entrepreneurs are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding the contract (§ 14 BGB). Customers within the meaning of these GTC include both consumers and entrepreneurs.
3. Deviating, conflicting, or supplementary GTC of the customer shall become part of the contract only if the Seller has expressly agreed to their validity in writing.
4. The contract text will be stored by the Seller after the conclusion of the contract. The customer may access the GTC at any time on our website. The order data and GTC will be sent to the customer by email after the contract has been concluded.
§ 2 Conclusion of Contract
1. The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to submit an offer (invitatio ad offerendum).
2. By submitting the order, the customer makes a binding offer to purchase the goods contained in the shopping cart. The purchase contract is concluded only through our express order confirmation by email or by dispatch of the goods.
3. The conclusion of the contract is subject to correct and timely self-supply by our suppliers. This applies only if the non-delivery is not attributable to the Seller and a corresponding covering transaction has been concluded with the supplier. The customer will be informed immediately of any unavailability; any consideration already provided will be refunded without delay.
§ 3 Delivery
1. Delivery shall be made to the delivery address specified by the customer. Delivery times are non-binding unless an explicit fixed delivery date has been agreed upon. Delivery is generally made on the day payment is received, and no later than within the period specified in the product description.
2. Partial deliveries are permitted insofar as they are reasonable for the customer.
3. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes upon handover to the freight forwarder, carrier, or other person designated to carry out the shipment (§ 447 BGB). If the customer is a consumer, the risk passes only upon physical delivery of the goods to the customer (§ 475 para. 2 BGB). Default in acceptance by the customer shall be equivalent to delivery.
§ 4 Prices and Payment
1. The prices stated in the online shop at the time of the order shall apply. For consumers, these are final prices including statutory VAT. For entrepreneurs, VAT is shown separately.
2. Price changes resulting from manufacturer price increases are permissible only in contracts with entrepreneurs if more than 6 weeks elapse between the conclusion of the contract and the agreed delivery date. In contracts with consumers, price changes are permissible only if the delivery period exceeds 4 months and only to the extent of the proven increase in costs; in this case, the consumer shall have a right of withdrawal from the contract.
3. In the event of default, the consumer shall owe default interest at a rate of 5 percentage points above the base interest rate pursuant to § 247 BGB, and the entrepreneur at a rate of 9 percentage points above the base interest rate (§ 288 BGB).
§ 5 Set-Off, Right of Retention, Assignment
1. The customer may set off claims against claims of the Seller only with undisputed or legally established counterclaims. The customer may assert a right of retention only insofar as it is based on claims arising from the same purchase contract.
2. The assignment of rights or the transfer of obligations of the customer arising from a purchase contract requires the Seller’s written consent.
§ 6 Retention of Title
1. The delivered goods remain the property of the Seller until full payment of the purchase price has been made (§ 449 BGB).
2. Prior to full payment, the customer is not permitted to pledge, assign as security, process, or modify the goods without the Seller’s express written consent.
3. If the customer is an entrepreneur, they are entitled to resell the goods in the ordinary course of business. The customer hereby assigns to the Seller all claims arising against third parties from the resale in the amount of the invoice value.
§ 7 Warranty
1. The statutory warranty rights shall apply. The limitation period for warranty claims relating to new goods is 2 years from delivery for consumers. For used goods, the limitation period for consumers is 1 year from delivery, provided that the consumer was expressly informed of and agreed to this reduction before the conclusion of the contract. For entrepreneurs, the warranty period is 1 year from delivery.
2. If the buyer is an entrepreneur, the Seller shall remedy defects, at its discretion, by repair or replacement delivery. If the buyer is a consumer, the consumer initially has the right to choose whether subsequent performance shall take the form of repair or replacement delivery. The Seller is entitled to refuse the chosen type of subsequent performance if it is possible only at disproportionate cost and the alternative method remains without significant disadvantages for the consumer.
3. If subsequent performance fails after the second attempt, the customer may, at their discretion, demand a price reduction or rescind the contract. There shall be no right of rescission in the event of only a minor breach of contract.
4. Entrepreneurs are obliged to inspect the goods for defects immediately upon receipt and to notify obvious defects in writing within 2 weeks (§ 377 German Commercial Code (HGB)). Hidden defects must be reported immediately after discovery. Failure to provide notification shall result in the goods being deemed approved.
5. The Seller does not provide guarantees in the legal sense. Manufacturer warranties remain unaffected.
6. If the buyer is an entrepreneur, only the manufacturer’s product description shall generally be deemed agreed as the description of the goods. Public statements, promotions, or advertising by the manufacturer shall not constitute a contractual statement of quality.
§ 8 Limitations of Liability
1. In the event of slightly negligent breaches of duty, the Seller’s liability shall be limited to the foreseeable, typical, direct average damage arising from the nature of the goods. This also applies to slightly negligent breaches of duty by the Seller’s legal representatives or vicarious agents.
2. Toward entrepreneurs, the Seller shall not be liable for slightly negligent breaches of non-essential contractual obligations.
3. The foregoing limitations of liability shall not apply to claims arising from product liability, defects fraudulently concealed, the assumption of a guarantee, or injury to life, body, or health.
4. Claims for damages by the customer due to a defect shall become time-barred after 2 years from delivery of the goods for consumers and after 1 year for entrepreneurs. This shall not apply in cases of intent, gross negligence, fraudulent conduct, or injury to life, body, or health.
5. Data communication via the Internet cannot be guaranteed to be available at all times and free from errors. The Seller therefore accepts no liability for the continuous or uninterrupted availability of the online shop or for technical errors beyond its control. The customer is responsible for regularly backing up data and software.
§ 9 Right of Withdrawal for Consumers
1. Consumers are entitled to a statutory right of withdrawal pursuant to §§ 312g, 355 BGB. The complete withdrawal notice, including the model withdrawal form, forms part of this contractual documentation and will be provided separately to the consumer before the conclusion of the contract and confirmed by email after the contract has been concluded.
2. The right of withdrawal does not apply to the following contracts:
– Delivery of goods made according to customer specifications or clearly tailored to personal needs;
– Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery;
– Delivery of goods that, after delivery, have been inseparably mixed with other goods due to their nature.
§ 10 Data Protection
1. The collection, processing, and use of the customer’s personal data shall be carried out exclusively in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the applicable data protection regulations. Further information can be found in our privacy policy, which is available at any time on our website.
2. The customer may revoke consent to data processing at any time with effect for the future. Such revocation shall not affect the lawfulness of processing carried out prior to the revocation.
§ 11 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed via the following link:
https://ec.europa.eu/consumers/odr
Our email address: info@jutger.com
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The above reference to the ODR platform is made due to a statutory obligation pursuant to § 36 VSBG.
§ 12 Prohibition of Set-Off, Right of Retention
Note: The provisions regarding set-off and the right of retention are governed by § 5 of these GTC. This section is omitted in the revised version.
§ 13 Jurisdiction and Applicable Law
1. For all disputes arising from contracts with entrepreneurs, the exclusive place of jurisdiction shall be the Seller’s registered office (Remscheid). However, the Seller is also entitled to bring legal action at the entrepreneur’s place of business. This jurisdiction agreement does not apply to consumers; the statutory rules on jurisdiction shall apply.
2. All legal relationships arising from this contract shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.
§ 14 Final Provisions
1. All product and company names mentioned by us are trademarks of their respective owners or manufacturers. Printing errors and mistakes reserved.
2. Insofar as we provide access to other websites via links from our website, we assume no liability for their content.
3. Should one or more provisions of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision (severability clause).
4. Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement itself.