Terms & conditions

GENERAL TERMS AND CONDITIONS

In the following you will find the general terms and conditions (GTCs) of Jarfood GmbH, which sells food under the brand name JARMINO.

OUR GTCS

§1 Scope and definitions

(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) "Consumer" in the sense of these General Terms and Conditions of Business is any natural person who enters into a legal transaction with us for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).

(3) "Entrepreneur" within the meaning of these General Terms and Conditions of Business is any natural or legal person or partnership with legal capacity who enters into business relations with us and who acts in the exercise of his commercial or independent professional activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or independent activity, he shall also benefit from the rights intended for consumers. He is considered a consumer in terms of these terms and conditions.

(4) "Customers" within the meaning of these General Terms and Conditions shall be understood to be both consumers and entrepreneurs.

(5) General terms and conditions of companies which contradict, deviate from or supplement our General Terms and Conditions of Business shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.

§2 Conclusion of the contract

(1) The following regulations concerning the conclusion of the contract apply to orders in our Internet store www.jarmino.de

(2) If a contract is concluded

Jarfood GmbH Oskar-von-Miller-Ring 29 80333 Munich Tel: 089/716723390 Fax: 089/716723399 E-Mail: info@jarmino.de

closed.

(3) The placement of goods in our Internet store does not represent a legally binding offer of contract from us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he thereby submits a binding offer to conclude a purchase contract.

(4) If an order is received in our internet store, the following regulations apply: If a customer goes through the ordering process described below, he is thereby making a binding offer to conclude a contract. The ordering process is carried out in the following steps: a) Selecting the desired goods b) Confirming by clicking the "Add to cart" button c) Checking all information in the shopping cart d) Clicking the "Next" button e) Logging in to the web store after registration and entering the login data (e-mail address and password). f) Check and correct the entered data. g) Binding sending of the order.

Before the binding sending of the order, the customer can return to the page on which the information was entered by the customer during the ordering process by clicking the "Back" button of his Internet browser after checking his details. There he can correct any errors or end the ordering process by closing the Internet browser. After receiving the order, we will confirm it by an automatically generated e-mail. However, this e-mail does not yet represent an acceptance of the offer on our part. An acceptance of the offer by us is made in writing, in text form or by sending the goods.

(5) We save the text of the contract and send you the data of your order as well as our General Terms and Conditions of Business by e-mail. You can also call up the General Terms and Conditions of Business at www.jarmino.de/agb.

§3 Regulations about prices, shipping costs, payment, maturity and contract period

(1) All prices which we quote in our Internet store include the statutory value added tax and other price components. Any shipping costs are not included. These are charged separately.

(2) Payment for the product shall be made by credit card (Amex, Visa or MasterCard), PayPal, Klarna (invoice and immediate transfer, Apple Pay, Google Pay, Amazon Pay or prepayment.

(3) If a customer chooses PayPal as payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract.

(4) An entrepreneur must pay interest on money debts during the period of default at 8 percentage points above the base interest rate. We reserve the right, however, to claim higher default damages from an entrepreneur.

(5) An entrepreneur only has a right to offset if the counterclaims with which he wishes to offset are undisputed or have been legally established.

(6) If the customer chooses a subscription, we will conclude a contract with the customer for a fixed term (subscription) with the first purchase, after which the customer will receive a delivery confirmation every 30 or 60 days.

(7) The customer can cancel the subscription with a notice period of seven days to the 15th of a month or seven days to the end of the month. The termination must be made in writing by letter or e-mail or can be carried out in the customer account. The notice of termination by letter must be sent to the following address: Jarfood GmbH, Oskar-von-Miller-Ring 29, 80333 Munich. Notice of termination by e-mail must be sent to the following e-mail address: info@jarmino.de.

(8) The trial box is a one-time order and not a subscription.

(9) Klarnas payment options:

In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

Invoice: The payment period is [14] days from the date of dispatch of the goods/tickets/ or, in case of other services, from the date the service is made available. The complete invoice terms for the countries where this payment method is available can be found here: Germany, Finland, Netherlands and Austria.
Sofortüberweisung: Available in Germany, Austria and the Netherlands. Your account will be debited immediately after placing the order.
direct debit: Available in Germany and Austria. The debit will be made after the goods have been shipped. You will be informed about the date by e-mail.
The use of the payment methods invoice, installment plan and direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit assessment in the context of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Klarna will treat your personal data in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy.

§4 Regulations on delivery and transfer of risk

(1) Unless we expressly state otherwise in the product description, the delivery time of the goods is 2 to 3 days. In the case of payments in advance, the period begins when the remitting bank has issued the payment order, in other cases on the day after the conclusion of the contract and ends with the expiry of the last day of the period.

(2) If the customer chooses to pay by credit card, PayPal or advance payment, the goods will only be shipped after receipt of payment.

(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass until the goods are handed over to the customer.

(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as we hand over the goods to the logistics company commissioned by us.

(5) If the customer is an entrepreneur, we reserve the right to set a new reasonable delivery period in the event that a delivery deadline cannot be met for reasons for which we are not responsible. The customer will be informed immediately about the non-compliance with the delivery time. If we are also unable to deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract in the case of entrepreneurs. If the customer has already paid consideration, we will refund this immediately.

§5 Retention of title

(1) If the customer is a consumer, we reserve the right of ownership of the goods until full payment of the purchase price.

(2) If the customer is an entrepreneur, we reserve the right of ownership of the goods until full payment of all claims arising 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, he may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount which the customer may have against third parties as a result of reselling the goods. We accept the assignment already now. The entrepreneur is authorized by us to collect the claim after the assignment. However, we reserve the right to collect the claim ourselves in the event that the entrepreneur does not properly meet his payment obligations and is in default of payment. Any processing and treatment of the delivered goods by an entrepreneur is carried out in our name and on our behalf. If an entrepreneur has processed the goods, we shall acquire co-ownership of the new item. This co-ownership is measured in proportion to the value of the goods delivered by us. The same shall apply if an entrepreneur processes or mixes the goods with objects that do not belong to us.

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§6 Warranty

(1) The statutory warranty regulations apply to consumers.

(2) In the case of used goods, warranty claims for consumers expire by limitation after one year from delivery of the goods. Such a shortening of the limitation period shall not apply to warranty claims which result in damages and which are based on intent or gross negligence or a breach of material contractual obligations. Essential contractual obligations are such obligations, the fulfilment of which is essential for the proper execution and processing of the contract and on the observance of which a buyer may normally rely.

(3) Claims for damages by consumers due to injury to life, body or health or due to regulations of the Product Liability Act (ProdHaftG) shall remain unaffected.

The same regulations apply to breaches of duty by our vicarious agents.

(4) Warranty claims which are not aimed at compensation for damages shall become time-barred for entrepreneurs after one year from delivery of the goods. This shall not affect the statutory limitation periods for recourse claims of the entrepreneur in accordance with § 478 BGB.

(5) Entrepreneurs within the meaning of these General Terms and Conditions of Business shall be obliged to inspect the goods received without delay for deviations in quantity and quality. We must be notified in writing of identifiable defects within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not comply with the obligation to notify. The entrepreneur is obliged to notify us in writing of hidden defects within a period of one week. The period begins with the discovery of the corresponding defect. To meet the deadline it is sufficient to send the notification of defects in time. The full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its detection and for the timeliness of the notice of defects shall be borne by the entrepreneur.

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§7 Limitation of liability

Any liability for damages caused by simple negligence is excluded, unless such damages result from the violation of essential contractual obligations, concern a guarantee for the quality of the object of purchase, damages from injury to life, body or health or claims under the Product Liability Act (ProdHaftG) are affected. Essential contractual obligations are such obligations, the fulfillment of which is essential for the proper execution and processing of the contract and on the compliance with which a buyer may normally rely.

The same regulations apply to breaches of duty by our vicarious agents. In cases of simple negligence, liability for the violation of essential contractual obligations is limited to such damages that are typically associated with the contract and are foreseeable.


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§8 Right of revocation for customers as consumers

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken 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, 80333 Munich, Germany, telephone: 089/716723390, fax 089/716723399, e-mail: info@jarmino.de) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with 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 the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

Exclusion of the right of revocation:

A right of revocation is excluded according to § 312 g Abs. 2 Nr. 2 BGB in connection with 312 d Abs. 1 BGB in connection with Art. 246a § 1 Abs. 3 Nr. 1 EGBGB, if the goods are perishable or if their expiration date would be exceeded quickly.

End of the cancellation policy

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§9 Code of Conduct

We have not subjected ourselves to a code of conduct.

§10 Contract language, choice of law, place of jurisdiction, dispute resolution

(1) For the execution and handling of the contract, only the German language shall be considered.

(2) The contractual relations shall be governed by the law of the Federal Republic of Germany, whereby the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.

(4) Jarfood GmbH does not take part in dispute settlement proceedings before a consumer arbitration board and is not obliged to do so.

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§ 11 Customer service

For questions about our products, complaints and objections, our customer service is available on workdays from 09:00 to 18:00 hours at

Phone: 089/716723390 Fax: 089/716723399 E-mail: info@jarmino.de

at your disposal.

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§12 Severability Clause

If one or more provisions of these terms and conditions are invalid or unenforceable, or become invalid or unenforceable retroactively, the remaining provisions shall not be affected. This only does not apply if the omission of individual clauses puts one party to the contract at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

Status of the AGB: 29.04.20

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