Terms & Conditions (as of 2nd of June 2008)

§ 1 Purpose of the T&C, Validity

The purpose of the terms and conditions is to provide the contract conditions for all transactions between JAH ARMY HIGHWEAR and the clients of www.jah-army.com, JAH ARMY HIGHWEAR's on-line shop. If any of the provisions of the terms and conditions shall be deemed illegal, void, or for any reason non-binding, then that provision shall be rescinded for these terms and conditions and shall not affect the validity and binding of any of the remaining provisions.

§ 2 Contract Realization

The offers of JAH ARMY HIGHWEAR on-line shop are non-binding. By clicking the "send order" button, the customer states that he/she would like to acquire the contents of the shopping cart. Upon receipt of the order, JAH ARMY HIGHWEAR will solely confirm receipt of the order via e-mail. Subsequently JAH ARMY HIGHWEAR will verify the customer data and the availability of the merchandise ordered. If the customer data proves to be complete and valid, and the ordered merchandise is available, JAH ARMY HIGHWEAR will confirm the order itself via e-mail, thereby validating the contract.

§ 3 Required Information

1. When ordering, the customer is obliged to provide the correct personal data. If the data provided by the customer changes, in particular the name, address, e-mail address or credit card information, the customer is required to inform JAH ARMY HIGHWEAR as soon as possible so that JAH ARMY HIGHWEAR will be able to correctly complete the order.
2. Should the customer fail to provide this data, make false statements or give an incorrect e-mail address, JAH ARMY HIGHWEAR may void the contract if one has already entered into force.
3. Immediately upon receipt of the order, JAH ARMY HIGHWEAR will send an e-mail to the customer for the sole purpose of confirming receipt of the order. After the customer data and availability of the articles ordered have been verified, JAH ARMY HIGHWEAR will send the customer an order confirmation with further details (i.e., proposed delivery period, customer number, etc).
4. The e-mail account provided by the customer must be valid from the time of the order. JAH ARMY HIGHWEAR assumes that the customer data was incorrectly provided, if three attempts to send an e-mail failed, or if the order could not be delivered due to an incorrect address.

§ 4 Termination Rights

1. The customer may legally terminate the contract in accordance with his/her rights under the Distance Selling Regulations within two weeks of ordering. An unlimited right of return in accordance with paragraph 361 BGB is not possible.
2. In the event the customer exercises his/her right to cancel the order, the customer bears the cost of the return postage if the total value of the order is under 40,- Euro. Customers who live outside of Germany must always bear the cost of postage. If the customer exercises his/her right to revoke the contract, he/she is obliged to return the merchandise within 2 weeks. There will be no reimbursement of the initial shipping costs.

§ 5 Product Delivery

1. JAH ARMY HIGHWEAR will process the order immediately upon receipt. No later than three weeks after receipt of the order, JAH ARMY HIGHWEAR will ship the order, unless other delivery arrangements have been made.
2. Liability will be assumed by the recipient once the goods have been shipped.
3. Product delivery is subject to availability. If JAH ARMY HIGHWEAR is not able to send the ordered item or an item equal in quality and price to the one ordered, JAH ARMY HIGHWEAR may forfeit liability. In this case, JAH ARMY HIGHWEAR has to inform the customer as soon as possible that the item ordered is not available. If the item has already been paid for, JAH ARMY HIGHWEAR is obliged to refund the money.
4. If JAH ARMY HIGHWEAR does not ship the order within the allotted time frame, the customer may cancel his/her order in writing.

§ 6 Payment

1. The purchase price is due immediately after ordering unless other arrangements have been made in writing. All prices are in Euro, including the German sales tax.
2. The customer is automatically delinquent if JAH ARMY HIGHWEAR has not received payment by the time the order is being shipped which usually happens at the latest 3 weeks after placement of the order.
3. In such cases, interest will be affixed in accordance with German law.
4. The customer does not have the right to withhold payment or to make partial payment based on a previous transaction, unless otherwise granted specific permission to do so in a court of law or by JAH ARMY HIGHWEAR.
5. The customer may exercise retention rights only if his/her counter claim is based on the same contract.

§ 7 Shipping and Handling Cost, Minimum Order, Import Taxes and Duties

1. Shipping & handling within Germany
- for orders under 25,- Euro JAH ARMY HIGHWEAR charges 3,90 Euro
- for orders over 25,- Euro JAH ARMY HIGHWEAR charges 6,90 Euro

2. Shipping & handling within EU countries and Switzerland
- for orders under 25,- Euro JAH ARMY HIGHWEAR charges 6,90 Euro
- for orders over 25,- Euro JAH ARMY HIGHWEAR charges 9,90 Euro

3. Shipping & handling within non EU countries
- for orders under 25,- Euro JAH ARMY HIGHWEAR charges 9,90 Euro
- for orders over 25,- Euro JAH ARMY HIGHWEAR charges 13,90 Euro

4. For orders shipped to Non-EU contries as well as to the Canary Islands (possibly other countries as well), import taxes and duties may apply. Every country has its own rules. The customer will have to bear this cost. JAH ARMY HIGHWEAR has no influence on that cost and does not know the amount of it. Some countries do not charge taxes or duties on items below a certain cost, others do. Details about taxes or duties on small imports are available at post or taxation offices.

§ 8 Reservation of Proprietary Rights

Goods remain the property of JAH ARMY HIGHWEAR until fees have been paid in full and are subject to our extended reservation of property rights.

§ 9 Guarantees

1. The guarantee is in accordance with German legal statutes and the following regulations.
2. The customer must immediately check the merchandise for defects upon receipt of the shipment. If the merchandise is defective, the customer is obliged to immediately inform JAH ARMY HIGHWEAR in writing. If JAH ARMY HIGHWEAR is not immediately informed upon receipt of the merchandise, the customer may not claim any rights at a later time.
3. JAH ARMY HIGHWEAR cannot be held liable for damage of any kind to the merchandise caused by the customer or for normal wear and tear.
4. In case of faulty merchandise, JAH ARMY HIGHWEAR can choose to either repair the merchandise or replace it. Should all efforts fail or the replaced merchandise also be faulty, the customer can choose to return the merchandise and be reimbursed or ask to have the price reduced.

§ 10 Liabilities, Compensation

1. An assurance of merchandise characteristics or services does not exist. The description of merchandise or services does not represent an assurance of characteristics. Furthermore, JAH ARMY HIGHWEAR does not guarantee any characteristics in the online-shop.
2. Whatever the circumstances, customers are only entitled to compensation if damage was caused by the vendor deliberately or by gross negligence. JAH ARMY HIGHWEAR is not liable for indirect damages, especially not for lost profits. JAH ARMY HIGHWEAR cannot assure permanent and uninterrupted availability of www.jah-army.com or it's subdomains and is not liable for technical, electronic or typing errors of the online-offer or damage caused to the customers computer.
3. Claimes based on c.i.c./p.v.v. have a 2 year statute of limitations.
4. The product liability law remains uneffected.

§ 11 Data Protection

1. Personal customer data is used solely for the processing and billing of the order.

§ 12 Applicable Law

These terms and conditions shall be governed by and enforced in accordance with German law, excluding the UN Convention on Contracts for the International Sale of Goods. Any legal proceeding directly or indirectly arising out of or relating to these terms and conditions or this site (including but not limited to the purchase of JAH ARMY HIGHWEAR products) shall be filed in the court of Tübingen, State of Baden-Württemberg, Germany, only.

§ 13 Deviating Terms and Conditions of the Customer

In the event that the customer has her/his own terms and business conditions, that are different from JAH ARMY HIGHWEAR, only JAH ARMY HIGHWEAR terms & conditions apply.