Conditions d’utilisation

General Terms and Conditions

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OVERVIEW

This website is operated by JH Exceed GmbH. Throughout the site, the terms “we”, “us” and “our” refer to JH Exceed GmbH. JH Exceed GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are visitors, vendors, customers, merchants and/or content creators.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not access the Website or use the Services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.


Any new features or tools added to the current store will also be subject to the Terms and Conditions . You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow your minor dependents to use this site.


You may not use our products for any illegal or unauthorized purpose, nor may you use the Service in violation of any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms or viruses or any other code of a destructive nature.

Violation or breach of any of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your information (other than credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contacts on the Site through which the Service is provided, without express written permission from us.


The headings used in this Agreement are for convenience of reference only and shall not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more timely sources of information. Any reliance you place on the material on this website is strictly at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change the content on this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES


Prices for our products are subject to change without prior notice.

In countries where the Euro is not the local currency, a currency conversion fee of 2% will be added to the price.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

JH Exceed GmbH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the Site. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color correctly.

We reserve the right, but are not obligated, to limit the sale of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please read our return policy.
SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or influence.

You agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or related to your use of additional third-party tools.

Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).



We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.



We are not liable for any damages incurred in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about Third Party Products should be directed to the Third Party Provider.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions (e.g. contest entries) or without being requested to do so by us, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, impersonate other people or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

SECTION 10 - PERSONAL DATA



The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability on our site or in the Service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates indicated with respect to the Service or on any related website should not be construed to indicate that all information with respect to the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES



In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We make no warranty, representation or guarantee that your use of the service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that we may from time to time remove the service indefinitely or discontinue it at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us) provided to you “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement.

In no event shall JH Exceed GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of or in connection with the use of the Service or any products or services obtained through the Service, or for any other claim based in contract, tort (including negligence) or strict liability, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products obtained through the Service, or for any other claim in any way related to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless JH Exceed GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY CLAUSE



If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or if you discontinue using our Website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of An der Tuchbleiche 1, Bürstadt, Hessen, 68642, Germany.


SECTION 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at service@jh-exceed.com.

1. Scope
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.


A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.



2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with JH Exceed GmbH.


By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.


3. Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery
We deliver free of shipping costs.
The average delivery time is between x and y days
If you pay a surcharge of X euros for express delivery, we guarantee delivery within x to y days. If there are difficulties with the delivery, which lead to delays, we will refund you this amount.


5. Payment
The following payment methods are available in our shop:

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

6. Warranty and guarantees
6.1 Warranty for defects
The statutory liability for defects applies.

6.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

7 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

8. Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the day on which you take possession of the goods,

if you have ordered one or more goods as part of a single order and the goods or goods are delivered as a unit;

if you have ordered several goods as part of a single order and the goods are delivered separately;

if several of the above alternatives apply, the cancellation period only begins when you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last item.

To exercise your right of cancellation, you must contact us as follows:

JH Exceed GmbH
An der Tuchbleiche 1
68642, Bürstadt
Bürstadt, Germany

service@exceed.store

Telephone number: +49 1520 998 37 90

or register your return via our returns portal (         ).

Consequences of cancellation

If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the free standard delivery offered by us), without undue delay and in any event not later than X days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within X days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

The following applies to the costs of the return shipment: If you use a pre-paid return label provided by us, the return is free of charge for you. You can obtain a return label from our customer service (service@exceed.store or by calling +49 1520 998 37 90 free of charge). If you do not use our return label, you will have to bear the direct costs of the return.

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 for checking their condition, properties and functionality.