Terms of service
.
Table of Contents:1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of campaign vouchers
9. Applicable law
10. Alternative dispute resolution
11. Sweepstakes Terms and Conditions of Participation
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Mathias Reiter, trading under "JUAdesign" (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer concludes the purchase contract and accepts the terms and conditions, his personal data will be stored in the system of the seller. The customer hereby agrees that JUAdesign will inform him about future discount promotions via email. If the customer does not want to be listed in the email distribution list, this must be communicated by email to office@jua-design.com.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method "PayPal Credit" (payment in installments via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall perform a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative examination result. If the payment method "PayPal Credit" is allowed by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions set by the seller, which are communicated to him in the online store of the seller. In this case, he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
4.6 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
4.7 If the payment method "PayPal Direct Debit" is selected, PayPal shall collect the invoice amount from the Customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
5) Delivery and Shipping Conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs.
5.3 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11) Sweepstakes Conditions of participation
Participation in the sweepstakes of JUAdesign, hereinafter referred to as the operator or organizer, is free of charge and is governed exclusively by these conditions of participation.
11.1 Procedure of the competition
The duration of the sweepstake is from 26.02.2021, 20:00 to 14.03.2021, 23:59. Within this period, users have the opportunity to participate in the sweepstakes online.
11.2 Participation
In order to participate in the competition, it is necessary to send an image to Gewinnspiel@jua-design.com. Participation is only possible within the participation period. Entries received after the closing date will not be taken into account in the draw.
Only one submitted entry per participant will be entered into the competition. It is strictly prohibited to use multiple email addresses or multiple Facebook profiles to increase the chances of winning.
The participant transfers the rights of the sent picture material for storage and use to JUAdesign.
Likewise, by sending the image, the participant agrees to the privacy rights of the persons included for publication.
Participation in the competition is free of charge.
11.3 Eligible participants
Eligible to participate are natural persons who are resident in Europe and have reached the age of 14. Participation is not restricted to customers of the organizer and is not dependent on the purchase of goods or services.
Should a participant be limited in his legal capacity, the consent of his legal representative is required.
Not eligible to participate in the competition are all persons involved in the conception and implementation of the competition and employees of the operator as well as their family members. In addition, the operator reserves the right to exclude persons from participation at its own discretion if there are justified reasons, for example
(a) in the event of manipulation in connection with access to or implementation of the prize game, (b) in the event of violations of these conditions of participation, (c) in the event of unfair actions or (d) in the event of false or misleading information in connection with participation in the prize game.
11.4 Winning, notification and transmission of the prize.
The following prizes will be awarded:
#WIN 1# 1pc. _ JUA- SLIM SHORT
#WIN 2# 1pc. _ JUA- SLIM SHORT
The winners will be determined after the closing date by a random draw among all participants. If the competition is linked to a task, only those participants who have completed the task correctly will be entered into the draw.
The winners of the raffle will be informed about the prize in a timely manner via a separate email.
The prize will only be handed over to the winner or to the legal representative of the underage winner. An exchange, a self-collection as well as a cash payment of the prize are not possible.
Any costs incurred for shipping the prizes will be borne by the operator. Any additional costs associated with claiming the prize shall be borne by the winner. The winner is responsible for any taxation of the prize.
If the winner does not respond after two requests within a period of 3 weeks, the prize can be transferred to another participant.
11.5 Termination of the competition
The organizer expressly reserves the right to terminate the competition without prior notice and without giving reasons. This applies in particular to any reasons that would disrupt or prevent the sweepstakes from running as planned.
11.6 Data protection
Participation in the sweepstakes requires the provision of personal data. The participant assures that the personal information provided by him/her, in particular first name, last name and email address, is true and correct.
The organizer points out that all personal data of the participant will neither be passed on to third parties nor given to them for use without consent.
In the event of a win, the winner agrees to the publication of his/her name and place of residence in the advertising media used by the organizer. This includes the announcement of the winner on the website of the operator and its social media platforms.
The participant may revoke his/her declared consent at any time. The revocation must be sent in writing to the contact details of the organizer provided in the imprint area of the sweepstakes app. After revocation of the consent, the collected and stored personal data of the participant will be deleted immediately.
11.7 Facebook Disclaimer
This promotion is not connected to Facebook and is in no way sponsored, supported or organized by Facebook.
11.8 Applicable law
Questions or complaints in connection with the sweepstakes are to be directed to the operator. Contact options can be found in the imprint area of the sweepstakes app.
The sweepstakes of the operator is subject exclusively to the laws of the Federal Republic of Germany. Legal recourse is excluded.
11.9 Severability clause
Should any provision of these Terms and Conditions of Participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions of Participation. Instead of the invalid provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the invalid provision shall apply. The same shall apply in the event of a loophole in these Terms and Conditions of Participation.
