General Terms and Conditions (GTC) and Consumer Information
(1) (1) These general terms and conditions (GTC) shall apply to all contracts, deliveries and other services concluded between you as customer and us as operators of the “von Jungfeld” online shop (www.jungfeld.com, www.vonjungfeld.com, www.jungfeld.de, www.vonjungfeld.de) and all sub-domains belonging to this domain. Any specifications by the customer that differ from these shall not apply, except where these have been acknowledged in writing by the operator. Individual agreements between the operator and the customer shall always take precedence.
As part of the ordering process, you agree to accept these general terms and conditions in the version effective at the time the order was submitted.
(2) The operator of the online shop and your contracting partner is:
recorded in theCommercial Registry at the Mannheim District Court under the number HRB 716091,
represented by the CEOs Maria Pentschev and Lucas Pulkert
VAT ID No.:.: DE 287 540 068
Phone: +49 (0)621 180 685 530
Fax: +49 (0)621 180 685 539
(3) All business relations between the operator and the customer are subject to the laws of the Federal Republic of Germany. The UN Sales Convention shall not apply.
(4) The contracting language is German.
(5) The range of merchandise on offer in the “von Jungfeld” online shop is directed exclusively to consumers whose primary place of residence is in the territory of the Federal Republic of Germany and who can provide a delivery address in Germany. According to legal definition (§13 of the German Civil Code, BGB), a consumer is any natural person who concludes a legal transaction for a purpose not associated with either their commercial or independent professional activities.
Formation of Contract
(1) The seller offers new merchandise, primarily textiles and accessories, to the customer for purchase via the “von Jungfeld” online shop.
(2) The presentation of merchandise and prices listed in the “von Jungfeld” online shop do not represent a binding offer for sale within the legal sense. The offer to conclude a sales contract originates with the customer through the submission of an order. The customer is bound by the order for the period of a week. A sales contract is not concluded until the operator has accepted the customer’s order. This also applies when the customer, owing to the method of payment chosen, has already provided payment or approved payment of the purchase price prior to formation of a contract. Where the operator is, in such an instance, unable to accept the order owing to the unavailability of merchandise or a contract is not formed owing to other reasons, the operator shall promptly provide reimbursement of any advance payment.
The customer will be notified by email that an order has been received and accepted.
(3) Where the customer’s order contains several items, a contract is formed only with respect to those items explicitly listed in the operator’s acceptance of the order.
The customer’s statutory right of cancelation (see §6, below) remains in any case unaffected by the aforementioned provisions.
(4) The text of the contract will not be stored on the operator’s internal systems. The customer is therefore requested to save a copy of the text of the contract.
Prices, Additional Charges, VAT
(1) The prices listed on the “von Jungfeld” online shop apply to orders from the shop. All prices are in euros and include VAT but do not include any additional charges indicated below.
(2) The operator only delivers to addresses in Germany, free of shipping costs; the operator charges a shipping fee of 15.00 euros exclusively for orders amounting to less than 100 euros incl. VAT.
Payment and Reservation of Title
(1) Delivery to the customer by the operator occurs according to the customer’s wishes upon payment through one of the following methods: cash in advance (via bank transfer, PayPal, credit card). For payment by credit card, the amount is charged to the customer’s card when the merchandise leaves our warehouse.
(2) If the customer chooses to pay by bank transfer, the operator will communicate to the customer in the acceptance of the order the amount billed and the bank account to which payment should be transferred. The amount billed is due immediately and must be credited to the operator’s account within seven days.
(3) If the customer chooses to pay by credit card and then falls into arrears in their payment obligations, the operator is authorized within the provisions provided by law to charge a lump sum compensation in the amount of 30 euros for chargeback expenses, if the amount cannot be credited to the operator’s account owing to insufficiency of funds in the customer’s account or an insufficient credit card limit and must therefore be charged back. The aforementioned lump sum compensation shall only apply where in a given case the operator cannot demonstrate having incurred a greater loss or the customer cannot demonstrate a lesser loss. Other legal rights and claims remain unaffected.
(4) The customer is entitled to a right of offset or retention only insofar as their claim has been legally established or is uncontested. Their opposing rights in the event that the merchandise delivered is defective remain unaffected.
(5) Until complete payment has been provided for the respective amount billed for a shipment (final and unconditional crediting of the total sales price including any additional charges), the operator shall in all cases retain ownership of the delivered merchandise.
Delivery and Transfer of Risk
(1) Unless otherwise agreed to by contract, the merchandise ordered shall be delivered to the address provided by the customer. Delivery shall be provided from the operator’s warehouse. The delivery area and shipping charges are defined in §3, paragraph 2, above.
(2) Unless otherwise indicated, the operator shall ship merchandise in stock at the warehouse within four workings days after the formation of the contract (for prepayment by bank transfer: within four working days after receipt of payment). If an item sold via the “von Jungfeld” online shop is labeled as “not in stock,” the operator will endeavor to provide delivery as quickly as possible. Details provided by the operator with respect to the date of delivery are non-binding, insofar as the operator did not, by way of exception, provide a binding assurance as to the delivery schedule.
(3) The risk of accidental loss or deterioration of the merchandise is transferred to the customer upon delivery. This applies in connection with the prior designation of the place of delivery: the operator is not responsible for any culpability on the part of the shipping company it engages, i.e. it is freed from the obligation to fulfill the order if the merchandise is lost or destroyed during transport. In such an instance, however, the customer is no longer obligated to pay the purchase price and the operator shall promptly reimburse any amount already paid. In the event the merchandise is damaged, the customer’s legal rights accruing from such damage remain unaffected.
Right of Cancelation
Consumers have a legal right of cancelation when concluding remote-purchase transactions which pursuant to statutory provisions instruct the operator as follows:
Right of Cancelation
You may revoke your declaration of willingness to enter into a contract without citing any grounds within 14 days in writing (e.g. letter, fax, email) or – if the item was delivered to your prior to the expiration of this period – by returning the item. The period begins upon receipt of this notification in written form, but not before the addressee has received the merchandise (not before receipt of the first partial delivery with respect to recurring deliveries of similar merchandise) and also not before we have fulfilled our obligation to provide information pursuant to Article 246, Section 2 in conjunction with Section 1(1) and (2) of the Introductory Act to the German Civil Code (EGBGB) as well as our obligation pursuant to Section 312g(1)(1) of the German Civil Code (BGB) in conjunction with Article 246, Section 3 EGBGB. The timely dispatch of cancelation notification or of the item itself shall suffice for compliance with the right to cancelation. Cancelations shall be directed to:
Phone: +49 (0)621 180 685 530
Fax: +49 (0)621 180 685 539
Consequences of Cancelation
In the event of an effective cancelation, merchandise/payments shall be returned to the respective parties and, where applicable, any benefits derived (e.g. interest) surrendered over. If you are unable to return the merchandise received and any benefit derived from it (e.g. benefits derived from use), either wholly or in part, or can only return the merchandise in deteriorated condition, you must provide compensation accordingly. You must provide compensation for deterioration and for any benefit derived only insofar as the deterioration or benefit arose through use of the merchandise above and beyond what is typically necessary to examine the properties and functionality of the merchandise. “To examine the properties and functionality” refers to testing and trying out each respective item of merchandise as, for example, would be possible and customary in a shop.
Merchandise that can be sent by parcel post shall be returned at our risk. You shall bear the normal costs for return shipment if the merchandise delivered corresponds to those items ordered and if the price of the merchandise being returned does not exceed the amount of 40 euros or if the price of the merchandise exceeds this amount and you have not provided payment or the contractually agreed partial payment at the time of cancelation. Otherwise you do not bear the cost of return shipping. Merchandise that cannot be sent by parcel post will be picked up at your address. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for you when you dispatch your notification of cancelation or the merchandise itself. This period begins for us upon receipt of the same.
END OF CANCELATION POLICY
Customer Rights with Respect to Defects
The rights of the customer with respect to defects in goods or title are governed by statutory provisions. The operator assumes no liability, however, for third-party statements, in particular for customer evaluations published on the “von Jungfeld” online shop.
The customer’s statutory right of cancelation (see §6) and rights derived from a warranty provided separately or included with the merchandise remain in all cases unaffected.