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GENERAL TERMS AND CONDITIONS (GTC)
The object of the JUNIP brand is trade natural, organic flavours (infusers, extracts, aromas) and corresponding accessories (JUNIP UG, Richard-Wagner-Straße 23, 65193 Wiesbaden, Germany). The Guidance required by law on the consumer’s right of withdrawal in regarding distance-contracts can be found in Point 6 of these GTC. Managing Directors: Christopher Glatzel, Sebastian Johnston, HRB follows B; VAT ID No: DE follows. When you purchase a product from JUNIP, the following Terms and Conditions of Business come into force between you, the customer and JUNIP UG, the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order under the contact details, which can be found in Point 10 of these GTC.
§1 SCOPE OF APPLICATION
(1) These Terms and Conditions of the company JUNIP UG (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
(2) A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
§2 CONTRACTUAL PARTNER, LANGUAGE AND CONCLUSION OF CONTRACT
(1) Your contractual partner is JUNIP UG, Richard-Wagner-Straße 23, 65193 Wiesbaden, Germany.
(2) The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
(3) The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
(4) The seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order conformation in written form by e-mail; insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
(5) The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
(6) In case of an order via the Seller’s online order form, the contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.
(7) The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
(8) For purchases from the online shop at https://www.JUNIP-ORGANICS.com the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the despatch of the Confirmation e-mail), you have not made payment within three weeks of the despatch of the Confirmation e-mail, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore, it is possible to reserve goods only for a maximum of three weeks.
(9) The German language is exclusively available for the conclusion of the contract.
(10) Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
§3 PRICES AND SHIPPING COSTS
(1) For purchases on https://www.JUNIP-ORGANICS.com the following shall apply: For orders in our Internet shop the prices listed in the offer at the time of ordering shall apply. The prices quoted are total prices, that is, they include the statutory German Value Added Tax currently in force and other pricing components.
(2) Minimum order value is €20. Free shipping on orders above 40 €. In addition to the quoted prices we charge 5.90 € per order under 40 € for delivery within Germany. Shipping fees include postage, packing & insurance. All returns and a one-off exchange of goods ordered shall be postage paid.
(3) Irrespective of the order value we charge a flat rate of 8.90 € for deliveries in European countries.
(4) For deliveries in non-EU countries abroad customs duties, taxes and fees shall be payable. Further information on customs duties can be found, for example, on http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/cu stoms_tariff/index_de.htm. Further information on import taxes can be found on http://auskunft.eztonline.de/ezto/Welcome.do and information specific to Switzerland on http://xtares.admin.ch/tares/login/loginFormFiller.do
§4 PAYMENT AND DELIVERY
(1) For purchases on https://www.JUNIP-ORGANICS.com/ we offer (for most countries) the following methods of payment: payment in advance, credit card, PayPal and Sofortüberweisung. We reserve the right in every order not to offer specific methods of payment and to refer to other methods of payment. You shall agree to receive invoices and credits exclusively in electronic form.
(2) Where goods are paid for by credit card, your credit card will be debited when the order is despatched. In payment in advance the payment shall become due on receipt by the customer of the order confirmation. We use Heidelpay as Payment Service Provider.
(3) We use DHL for postal despatch within Germany.
(4) We shall not accept procurement risks, nor shall we enter into a sales contract concerning un ascertained goods. We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.
(5) Our obligation to deliver shall cease to apply, where we ourselves, despite having concluded a congruent hedging transaction in due form, have received incorrect and untimely delivery and we are not responsible for the lack of availability, and have not accepted a procurement risk. In the event of longterm non-availability of the goods we shall reimburse any pre-payment without delay.
(6) In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible, for example due to fire, water and machine damage and all other hindrances, which, if considered objectively, have not been caused by us. The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.
(7) In the case of sale by delivery to a place other than the place of performance the risk of accidental destruction and accidental deterioration of the goods purchased shall pass to the consumer on the surrender of the goods to the consumer or to a recipient specified by him. This shall apply, irrespective of whether the goods were insured on despatch or not. Otherwise the risk of accidental destruction and accidental deterioration of the goods shall pass on surrender to the consumer and, in the case of sale by delivery to a place other than the place of performance, on the delivery of the goods to the shipper or the person or organisation otherwise designated to perform the despatch.
§5 RESERVATION OF PROPRIETARY RIGHTS
The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
§6 RIGHT OF WITHDRAWAL FOR CONSUMER; MODEL WITHDRAWAL FORM
As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us
Richard-Wagner-Straße 23, 65193 Wiesbaden, Germany
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. JUNIP Bottles need to be unopened and sealed. We will bear the cost of returning the goods.
End of instructions on withdrawal
Richard-Wagner-Straße 23, 65193 Wiesbaden
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.
(1) The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
(2) The Seller shall face unlimited liability
– in case of intent or gross negligence
– in case of injuries of life, body or health resulting from intent or negligence
– in case of a promise of guarantee, unless otherwise provided
– in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
(3) Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfilment of which the Client can regularly rely.
(4) For the rest the Seller’s liability is excluded.
(5) The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
§8 CUSTOMER SERVICE
You can reach our Customer Service for questions or complaints weekdays from 9am to 7pm under the following contact data:
E-Mail: [email protected]
§9 GOVERNING LAW, SEVERABILITY
(1) All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
(2) If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.