General Terms and Conditions (GTC)
Document No.: JYH-LE-271224-OHDR
Rev: 01
(Note: The original text is written in English)
Introduction
This General Terms and Conditions (GTC) document applies exclusively to the consulting business operations of JAYUHE GmbH, including office setup, IT infrastructure installation, ERP/CRM implementation and operation, and trade-related administrative support services. It does not apply to any other business fields of JAYUHE GmbH.
1. General Provisions
We, JAYUHE GmbH, provide consulting services, office setup, IT infrastructure installation, ERP/CRM implementation and operation, and trade-related administrative support services to customers. By placing an order (whether by telephone, fax, email, or via our online platform), the customer confirms their eligibility to engage in business with us.
These terms and conditions govern all current and future business relations, contracts, services, and offers between JAYUHE GmbH and the customer. They take precedence over any conflicting terms proposed by the customer.
Legal provisions apply alongside these terms. Any terms from the customer are valid only if explicitly agreed upon in writing by JAYUHE GmbH for the specific contract.
By placing an order or receiving the first service, the customer accepts these terms and conditions. The latest version of these terms will apply throughout the business relationship. Any contradictory customer conditions are rejected and not considered accepted, even if the service is fulfilled.
2. Platform-Specific Terms
Specific terms that apply exclusively to services ordered via our online platform take precedence over the general terms. However, any special online conditions provided for customer convenience must, in the event of a dispute, be interpreted in favour of JAYUHE GmbH through the general terms.
3. B2B Transactions
Our services are primarily intended for business-to-business (B2B) transactions. Customers are required to provide accurate information about their business registration and confirm their understanding of the specific requirements associated with the requested services.
4. Right of Withdrawal
Withdrawal rights do not apply to B2B transactions. Once a service agreement is signed, cancellation is only possible by mutual agreement or as specified in the contract.
5. Non-EU Customers
Customers outside the European Union are subject to additional terms, including compliance with local regulations. JAYUHE GmbH is not responsible for ensuring that services meet non-EU regulatory requirements unless explicitly stated in the contract.
6. Contract Conclusion
A contract is concluded only through written confirmation from JAYUHE GmbH. If no such confirmation is provided, the contract is deemed concluded upon service commencement, with the invoice governing the contract terms. Any prices, performance guarantees, or service specifications are binding only if confirmed in writing.
7. Payment Terms
All prices are quoted in EURO (€) and, unless otherwise agreed, are net prices exclusive of VAT. Payments must be made in advance unless otherwise specified in the order confirmation. After the payment period, the customer is in default. Any associated bank charges or exchange fees must be borne by the customer.
8. Service-Specific Responsibilities
The customer must provide all necessary access, information, and documentation required for the completion of the requested service. Delays caused by the customer’s failure to comply with these requirements may result in additional charges.
9. IT Infrastructure and ERP/CRM Implementation
The implementation of IT systems and ERP/CRM software requires active cooperation from the customer. Any delays due to insufficient information or unavailability of required infrastructure will be the customer’s responsibility.
JAYUHE GmbH ensures compliance with European data protection regulations during the implementation process. Customers must notify JAYUHE GmbH of specific compliance requirements related to their business.
10. Trade-Related Administrative Support
Trade-related administrative support services are provided based on the information supplied by the customer. JAYUHE GmbH is not liable for inaccuracies or omissions in the provided data. The customer remains responsible for ensuring that all regulatory and compliance requirements are met.
11. Liability
JAYUHE GmbH’s liability for damages, regardless of the legal grounds, particularly due to impossibility, delay, defective or incorrect services, breach of contract, or tortious acts, is limited to cases of intent or gross negligence.
We will not be liable for simple negligence unless it involves a breach of essential contractual obligations. Our liability is limited to foreseeable damages based on the circumstances known at the time of the contract.
12. Data Protection
JAYUHE GmbH complies with the General Data Protection Regulation (GDPR) and other relevant laws. Customer data will only be processed and stored for purposes directly related to the requested services. Detailed data protection guidelines are provided in a separate policy document.
13. Compliance with German and EU Laws
This GTC is governed by the laws of Germany. In cases where specific EU regulations apply, JAYUHE GmbH ensures compliance. Disputes will be resolved under the jurisdiction of the courts in Berlin, Germany.
14. Alternative Dispute Resolution
In compliance with German regulations, JAYUHE GmbH supports Alternative Dispute Resolution (ADR) mechanisms. For cross-border transactions, the European Online Dispute Resolution (ODR) platform may be used. Further information is available upon request.
15. Environmental and Sustainability Commitments
JAYUHE GmbH actively supports environmental protection by adhering to WEEE (Waste Electrical and Electronic Equipment) directives and promoting sustainable practices. Customers are encouraged to use recycling facilities for proper disposal of materials where applicable.
16. Final Provisions
Should any provision of these terms and conditions become invalid or unenforceable, the validity of the remaining provisions will not be affected. Invalid or unenforceable provisions shall be replaced with enforceable provisions that most closely reflect the intended economic purpose.