|Beratung: +49 89 716 723 390 | email@example.com||Delivered in only 2-4 days||Land|
|Delivered in only 2-4 days|
Please find below the general terms and conditions of business of Jarfood GmbH, which distributes under the brand name JARMINO detox cleanses, organic soups and bone broth.
§1 Scope and definition
(1) These General Terms and Conditions apply to all business relations between us and the customer in the version valid at the time of the order.
(2) "Consumers" within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction with us for a purpose that can not be attributed primarily to his commercial or self-employed activity (§ 13 BGB).
(3) "Entrepreneurs" within the meaning of these General Terms and Conditions are all natural or legal persons or legal partnerships which enter into business relations with us and who are acting in the exercise of their commercial or self-employed activities (§ 14 BGB). Where an entrepreneur is not acting in the exercise of his commercial or self-employed activities, he also benefits from the rights conferred on consumers. He is considered a consumer in the sense of these terms and conditions.
(4) "Customers" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(5) General terms and conditions of business of contractors which contradict our general terms of business, differ from these or supplement them, will not, even in our knowledge, become part of the contract, unless their validity is expressly agreed in writing.
§2 Condition of the contract
(1) The following regulations concerning the conclusion of the contract apply to orders placed in our online shop www.jarmino.de
(2) If a contract is concluded, the contract is concluded with:
Jarfood GmbH, Oskar-von-Miller-Ring 29, D-80333 Munich, Germany, phone: 0049-(0)89 716 723 390 Fax: 0049-(0)89 716 723 399 E-Mail: firstname.lastname@example.org
(3) The placing of products in our online shop does not constitute a legally binding contract offer, but is merely a non-committal request to the customer to order these products. If the customer orders the desired products, he/she makes an offer binding for him/her to conclude a purchase contract.
(4) When an order is received in our online shop, the following rules apply: When a customer passes through the order process described below, he places a binding contract offer. The order process is carried out in these steps: a) Select the desired products b) Confirm by clicking the button "into the shopping cart" c) Check all the details in the shopping cart d) Press the "Next" button e) Log on to the webshop after registering and entering the Logon data (e-mail address and password). F) Check and correct the entered data. G) Binding sending of the order.
Prior to the binding posting of the order, the customer may return to the page on which the information was collected which the customer made during the ordering process by clicking the "back" button of his internet browser after checking his information. There, he can correct any errors or terminate the ordering process by closing the Internet browser. After receipt of the order, we confirm this by means of an automatically generated e-mail. However, this e-mail does not constitute acceptance of the offer. We accept the offer in writing, in text form or by sending the goods.
(5) We store the contract text and send you the data of your order as well as our general terms and conditions by e-mail. You can also access the general terms and conditions at www.jarmino.de/agb.
§3 Rules concerning prices, shipping costs, payment, due date and contract term
(1) All prices stated in our online shop for detox cleanses, organic soups and bone broth contain the statutory value added tax and other price components. Not includesd are any shipping costs and the cost of COD (cash on delivery). These are calculated separately.
(2) For payment of the detox cleanses and organic soups we accept credit card (Visa or MasterCard), PayPal or prepayment.
(3) If a customer chooses PayPal or prepayment as payment options, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract.
(4) In the event of default, an entrepreneur is liable for 8 percentage points above the base rate. However, we reserve the right to cleam a higher damage caused by delay against an entrepreneur.
(5) An entrepreneur has a right to offset only if his counterclaims with which he wishes to set off are undisputed or legally established.
(6) If the customer chooses a subscription for one of the detox cures or an organic soup or a bone broth package, we conclude a contract with the customer on the first purchase (subscription), after which the customer receives a delivery in the rhythm of one month.
(7) The customer may terminate the subscription with a notice period of seven days to the 15th of a month or seven days at the end of the month. The termination must be made in writing by letter or e-mail. The notice of termination must be sent to the following address: Jarfood GmbH, Oskar-von-Miller-Ring 29, D-80333 Munich, Germany. The termination by e-mail is to be sent to the e-mail address email@example.com. We work on making a cancellation possible directly through the customer account. Once this function is completed, we will inform you about it. Until then, termination is only possible in writing by letter or e-mail.
(8) The tasting box is a one-time order and no subscription.
§4 Arrangements for delivery and transfer of risk
(1) If the product description does not expressly state otherwise, the delivery time of the goods is 2 to 5 days. The period begins with payments made in advance if the transferring credit institution has issued the payment order, in other cases the day after the contract is concluded and ends with the expiry of the last day of the period.
(2) If the customer chooses payment via PayPal or prepayment, the goods will only be sent after receipt of payment.
(3) If the customer is a consumer, a change of the risk of accidental loss and accidental deterioration of the goods takes place only with the delivery of the purchase thing to the customer.
(4) If the customer is an entrepreneur, a transfer of the risk of accidental loss and accidental deterioration of the goods takes place already when we deliver the goods to the logistics company assigned by us.
(5) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period in the event that a delivery period can not be met for reasons which we are not responsible for. The customer shall be informed immediately about the non-compliance of the delivery time. If we can not deliver the ordered article within the new deadline, we are entitled to withdraw from the contract. If the customer has already provided counter-services, we will reimburse them immediately.
§5 Retention of title
(1) If the customer is a consumer, we retain ownership of the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we retain ownership of the goods until full payment of all claims resulting from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.
(3) If the customer is an entrepreneur, the customer can resell the goods in the ordinary course of business. In this case, he already assigns to us all claims in the amount of the invoice amount, which are due to the customer by way of a resale to third parties. We are already accepting the assignment. The entrepreneur shall be authorized by us after the assignment to collect the claim. However, in the event that the contractor fails to properly fulfill his payment obligations and is in default of payment, we reserve the right to collect the claim ourselves. Processing and processing of the delivered goods by an entrepreneur takes place on behalf of and on behalf of us. If an entrepreneur has processed the goods, we acquire co-ownership of the new item. This co-ownership is measured in relation to the value of the goods delivered by us. The same applies if an entrepreneur is processing or mixing the goods with such items that do not belong to us.
(1) The statutory warranty regulations apply to consumers..
(2) In the case of used goods, warranty claims for consumers expire after one year from delivery of the goods. Such a shortening of the period of limitation does not apply, however, to such warranty claims, which result in damages and in cases of intent or gross negligence or a violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment makes the proper execution and execution of the contract possible at all and which a buyer can normally trust in their compliance.
(3) Claims for compensation by consumers for injury to life, body or health or due to the provisions of the Product Liability Act (ProdHaftG) shall likewise remain unaffected. The same rules apply to the breach of duty by our fulfillment agents.
(4) Warranty claims which are not directed to compensation for damages shall be subject to a limitation period for entrepreneurs after one year from delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the entrepreneur pursuant to § 478 BGB (German Civil Code).
(5) Entrepreneurs in the sense of these General Terms and Conditions are obliged to examine the received goods immediately for quantity and quality deviations. Identifiable defects must be notified to us in writing within one week of receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the duty of notification. The entrepreneur is obliged to notify us of hidden defects within a period of one week in writing. The period begins with the discovery of the corresponding defect. In order to meet the deadline, it is sufficient if the notification of defects is sent in good time. The full burden of proof for any claim, in particular also for the defect itself, for the time of its establishment and for the timeliness of the complaint shall be borne by the entrepreneur.
§7 Limitation of liability
Liability for damage caused by simple negligence is excluded, as long as these do not result from the violation of essential contractual obligations, a guarantee for the condition of the purchased object, damages from the injury of life, body or health or claims according to the Product Liability Act (ProdHaftG). Significant contractual obligations are those whose fulfillment makes the proper execution and execution of the contract possible at all and which a buyer can normally trust in their compliance.
The same rules apply to the breach of duty by our fulfillment agents. Liability for the violation of essential contractual obligations is limited in cases of simple negligence to such damages, which are typically connected and foreseeable with the contract.
§8 Right of revocation for customers as consumers
Right of revocation
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (Jarfood GmbH, Oskar-von-Miller-Ring 29, D-80333 Munich, Germany, telephone: 0049-(0)89/716723390, Telefax 0049-(0)89/716723399, E-Mail: firstname.lastname@example.org) by means of a clear statement (eg Letter, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees. We may refuse the refund until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the deadline of 14 days.
They bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Exclusion of revocation right:
A right of revocation is excluded in accordance with § 312 g para. 2 no. 2 BGB in conjunction with 312 d para. 1 BGB in connection with article 246a § 1 para. 3 no. 1 of the German Civil Code (EGBGB), if these goods are perishable goods whose expiration date would soon be exceeded.
End of revocation.
§9 Code of conduct
We have not subjected ourselves to a code of conduct.
§10 Contract language, choice of law, place of jurisdication
(1) Only the German language is eligible for the provision and execution of the contract.
(2) The contractual relationship shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers who do not conclude the contract for professional or commercial purposes, the aforesaid choice of law applies only in so far as the protection afforded by mandatory provisions of the law of the State by the consumer's habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal person of public law or a public special fund, our exclusive place of business shall be the exclusive jurisdiction for all disputes arising from this contract.
§ 11 Customer service
For questions about our detox cleanses and organic soups and complaints, our customer service is available from 9 am to 6 pm on weekdays:
Phone: 0049-(0)89 716723390, Fax: 0049-(0)89/716723399 E-Mail: email@example.com
§12 Severability clause
If one or more provisions of these terms and conditions are invalid or unenforceable, or become invalid, the remaining provisions shall remain unaffected. This does not apply only if a contracting party is so unreasonably disadvantaged by the omission of individual clauses that it can no longer be expected to be bound by the contract.
State of the GTC: 07.11.15