johnmoni TXT web store
§ 1 GENERAL, SCOPE OF APPLICATION OF THE GTC
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions do not apply.
1.2 The contractual partner for orders via the johnmoni online shop is the owner (hereinafter “seller”):
Constance Street 39
Sales tax identification number: DE304873368
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter “customer”). Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the contract with the seller, act in the exercise of their commercial or independent professional activity.
1.4 The German language is the language of negotiations and contracts. The following conditions also apply exclusively to all foreign transactions.
§ 2 CONCLUSION OF CONTRACT, FORMATION OF CONTRACT
2.1 The offer in our online shop represents an offer to you to conclude a sales contract with us. You can place an order through our online shop. The contract is concluded when we accept your order, which we declare separately after sending you an order confirmation, but no later than when the ordered items are delivered.
2.2 When you have found the product you are looking for, you can take a closer look at it without obligation by clicking on the product name or the product image. By clicking on the button [Into the shopping cart] you can place the article in the shopping cart.
2.3 Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not constitute a legally binding offer. You can order from us by telephone, via our homepage (Internet) or by email. When ordering via our homepage, clicking the "buy now" button results in a binding offer to conclude a purchase contract for the We are entitled to accept the offer within 14 calendar days by sending a contract confirmation (by post or e-mail) and by accept execution of the order. If the offer is not accepted by us within 14 calendar days, the offer is deemed to have been rejected. No sales contract is concluded for products that are not listed in the order confirmation.
§ 3 STORAGE OF THE TEXT OF THE CONTRACT
We save your order and the entered order data. We will send you an order confirmation with all order data by e-mail. You also have the option of printing out both the order and the General Terms and Conditions before sending the order to us.
§ 4 CANCELLATION INSTRUCTIONS
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must tell us:
johnmoni - bags & accessories
Constance Street 39
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods 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 no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. 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.
§ 5 PRICES
All prices quoted are in euros and include the statutory value-added tax. Postage and shipping costs are added according to the following list under § 6.
§ 6 SHIPPING COSTS
6.1 We ship within Germany in 2-3 days and from 100€ free of charge. Within Europe we have separate shipping costs.
6.2 We charge a flat rate of €14 for shipping within the EU, including: Belgium, Bulgaria, Denmark (except Faroe Islands and Greenland), Finland (except Aland Islands), France (except overseas areas and departments), Greece (except Mount Athos), Great Britain (except Channel Islands), Ireland, Italy (except Livigno and Campione d'Italia), Croatia, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands (except non-European areas), Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (except Canary Islands, Ceuta and Melilla), Czech Republic, Hungary.
6.3 We also deliver outside the EU, to Switzerland for €29.
6.4 Deliveries of goods outside the European Union may incur import duties (customs duties). We are not responsible for any customs costs that may arise.
6.5 We deliver with DHL or another provider of our choice.
§ 7 DELIVERY TIMES
7.1 Our favorite items are usually ready for dispatch 1-3 days after receipt and confirmation of your order.
7.2 We are entitled to make partial deliveries or services, provided this does not unreasonably impair conflicting interests. If there is a partial delivery, we will of course assume the additional shipping costs and you will not incur any further costs.
7.3 The delivery time is extended appropriately if the delivery is affected by force majeure. In particular, subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, obstructions to transport, changes in legal provisions, official measures or ordinances or the occurrence of other unforeseeable events that are beyond our control and, from an objective point of view, are not equivalent to force majeure have been culpably brought about by us. If one of the above cases occurs, we will inform you immediately. If the obstacle to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract.
Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of assurances or if essential contractual obligations are violated through simple negligence or if liability is mandatory for contractually typical, foreseeable damages for legal reasons.
7.4 The items offered in the shop are usually produced in limited editions. It is therefore possible that items are no longer available at the time you place your order. If we can no longer deliver an item, we are entitled to withdraw from the contract.
§ 8 TERMS OF PAYMENT
8.1 Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due on the invoice according to the calendar, you are already in default by missing the deadline. In the event of default, we are entitled to demand interest of 5 percentage points above the respective base interest rate for the year. In legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at an interest rate of eight percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by delay, § 288 Para. 3, 4 BGB.
8.2 We offer you two payment options:
Payment in advance
If you choose the payment method in advance, you will receive an invoice with our bank details and the order number immediately after receipt of your order.
Please transfer the invoice amount, stating the order number and your name. After receipt of the invoice amount, the goods will be shipped within 3-5 working days to the shipping address you specified.
With us you can pay conveniently and securely via PayPal. Create a PayPal account quickly and easily with which you can then make purchases immediately.
When paying via PayPal, your bank details or credit card number are kept safe with PayPal. You simply pay with your email address and password. The goods will then be shipped immediately after receipt of the confirmation from PayPal.
8.3 All payments are to be made to johnmoni without deduction. A payment is only deemed to have been made when we can freely dispose of the amount. Offsetting is excluded unless the offsetting claim is undisputed or legally established or acknowledged by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim that arises from a claim for non-cash benefits that entitles us to refuse performance, or if rights are asserted due to a defect.
8.4 General discount regulations:
Unfortunately, discount codes cannot be applied retrospectively.
Discount codes are not applicable to sale items.
§ 9 TERMS OF DELIVERY
9.1 We only deliver within Germany, to other EU countries and to Switzerland.
9.2 If the customer is a consumer, we always bear the shipping risk, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the logistics partner commissioned.
§ 10 RESERVATION OF TITLE
The delivered goods remain our property until full payment has been made.
§ 11 WARRANTY AND LIABILITY
The statutory warranty regulations of the German Civil Code (BGB) apply. If the purchase is a commercial transaction for both parties, the provisions of the HGB remain unaffected.
ARTICLE 12 CUSTOMER SERVICE
If you have any questions, complaints or complaints, please contact us. You can reach us by email at: firstname.lastname@example.org
ARTICLE 13 COPYRIGHTS
The products and designs sold and/or used by us are protected by copyright. Use of the motifs or duplication of the motifs or products is only permitted with our written consent. Paying our claim does not grant you any right to use any intellectual property or copyright. This applies in particular to all illustrations, designs, logos and names as well as any trademark and utility model rights. If you make changes to the delivery item or combine the delivery item with other materials, and if this infringes the property rights of third parties, we shall not be liable.
§ 14 DATA STORAGE
We strictly adhere to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for the processing of your order. We store your order and address data for use in the context of order processing (also by transmission to the order processing partner or shipping partner used), for any warranty claims and for product recommendations to customers in accordance with the content of our data protection declaration and the applicable data protection laws. For the rest, the provisions of our data protection declaration, which you can also view on our website, apply to the use of your data.
§ 15 RIGHT TO OBJECT ACCORDING TO THE FEDERAL DATA PROTECTION ACT (BDSG)
As a data subject, you have a right of objection under the BDSG with regard to the use or transmission of your data for advertising purposes (blocking indicator) if you have previously given us your explicit consent. In addition, there is a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in one of our files. Further information or explanations on data protection can be obtained from the company data protection officer at johnmoni Konstanzer Str.39, 10709 Berlin, who can be reached by email at email@example.com. Please contact the data protection officer if you wish to exercise your right of objection under the BDSG.
§ 16 JURISDICTION, PLACE OF JURISDICTION
16.1 German law applies to the exclusion of the UN Sales Convention.
16.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.
16.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is based on the registered office of our company in Hamburg.
§ 17 MISCELLANEOUS
17.1 The contract language is German.
17.2 If one or more provisions of these General Terms and Conditions are ineffective, the rest of the contract remains effective. Insofar as the provisions are ineffective, the content of the contract is based on the statutory provisions.
AS OF MARCH 2017
Terms and Conditions (English)
ARTICLE 1 GENERAL PROVISIONS, SCOPE OF GENERAL TERMS AND CONDITIONS
1.1 All deliveries and services are exclusively provided based on the following General Terms and Conditions (hereinafter “GTC”) in its version valid at the time of the order. Adverse terms and conditions shall not apply unless said conditions were expressly accepted in writing.
1.2 Contractual partner for purchases made via johnmoni's online shop is the owner (hereinafter "seller"):
Constance Street 39
1.3 Customers as defined by these GTC may be consumers as well as entrepreneurs (hereinafter “customer”). Consumers as defined by these GTC are natural persons entering contracts for a purpose that is neither commercial nor can be attributed to the person's professional occupation. Entrepreneurs as defined by these GTC are natural or legal persons or business partnerships acting in their commercial or independent professional capacity upon conclusion of the contract.
1.4 German shall be the sole language of negotiations and contracts. The terms and conditions mentioned below are also the sole binding conditions for all foreign business transactions.
§ 2 CONCLUSION OF CONTRACT
2.1 The products offered in our online shop constitute an offer to conclude a sales contract with us. Orders can be placed through our online shop. The contract is concluded upon our acceptance of your order, which we will declare by transmitting a separate order confirmation, or at the latest upon delivery of the products ordered.
2.2 If you have found a product you like you can take a non-binding closer look by clicking on the product's name or picture. If you want to put the product into your shopping cart, click the button [Into the shopping cart].
2.3 Our offers are subject to change and non-binding. Therefore, the information displayed on our websites does not constitute a legally binding offer. You can order by phone, through our website (online) or by email. If the order is placed through our website, you will submit a binding offer to conclude a sales contract by clicking the "buy now" button. We are entitled to accept the offer within 14 calendar days by sending a contract confirmation (by mail or email) or by carrying out the order. The offer shall be considered as rejected, if we don't accept it within 14 calendar days. A sales contract shall not be concluded for products that were not listed in the order confirmation.
§ 3 STORAGE OF CONTRACT TEXT
We store your order and the data provided by you. We will send you an order confirmation by email, stating all data concerning your order. Furthermore, you have the opportunity to print your order as well as the GTC before submitting your order.
ARTICLE 4 REVOCATION INSTRUCTIONS
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period of 14 days commences on the day you or a third party specified by you - who is not the forwarder - took possession of the goods.
In order to exercise your right of revocation, you have to inform us:
johnmoni - bags & accessories
Constance Street 39
about your decision to revoke this contract by issuing a clear statement (fe by sending us a letter by mail, fax or email). Exercising the right of withdrawal within the period of revocation shall be considered sufficient for compliance with the revocation terms.
Consequences of revocation
If you revoke this contract, we are obliged to immediately return all the payments we received from you at the latest within 14 days after receipt of your revocation. We will use the same means of payment you used for the original transaction unless explicitly agreed otherwise; on no account we will charge you for the refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have send back the goods – depending on which occurs first.
You have to send back or return the goods at once, at the latest within 14 days after the day you informed us about revoking this contract. The deadline shall be observed, if you send back the goods before the end of the 14 day period. You will bear the immediate costs for the return of the goods. You will only have to bear the costs for a possible loss in value of the goods, if this loss is due to improper handling of the goods when checking quality, properties and performance.
§ 5 PRICES
All prices are stated in euros including VAT. Costs for shipping and packaging have to be added to these prices as stated below ( § 6 ).
§ 6 SHIPPING COSTS
6.1 We ship within Germany within 2-3 days and from 100 € free of charge. Within Europe we have separate shipping charges.
6.2 For deliveries within the EU, we will charge a flat rate of 14 € - this includes: Belgium, Bulgaria, Denmark (excluding Faroe Islands and Greenland), Finland (excluding Aland Islands), France (excluding overseas territories and departments), Greece (except Mount Athos), Great Britain (excluding Channel Islands), Ireland, Italy (excluding Livigno and Campione d'Italia), Croatia, Latvia, Lithuania, Luxemburg, Malta, Monaco, the Netherlands (excluding areas outside of Europe), Austria , Poland, Portugal, Romania, Sweden, Slovakia, Spain (excluding Canary Islands, Ceuta and Melilla), Czech Republic, Hungary.
6.3 Outside the EU, we will charge a shipment flat of €29 for the following countries: Andorra, Iceland, Norway, Switzerland, Turkey.
6.4 Import charges (customs duties) might arise for shipments outside the European Union. We will not bear customs duties that might arise.
6.5 We ship via DHL or another forwarder of our choice.
ARTICLE 7 DELIVERY TIMES
7.1 Our products are normally ready for dispatch within 1-3 days after receipt and confirmation of your order.
7.2 Partial deliveries resp. services are permitted, provided that any conflicting interests are not unacceptably affected hereby. Should a partial delivery become necessary, we will of course bear the additional shipping costs – without an extra charge for you.
7.3 In cases of force majeure, the delivery time may reasonably be extended. Force majeure shall include: unforeseeable difficulties in procuring materials, riots, strike, lockout, industrial disruption, fire, natural disasters, shipping problems, changes in the legal provisions, official measures or regulations or the occurrence of any other unforeseeable events beyond our control, which – viewed objectively – we have not culpably caused. If any of the above-mentioned incidents occurs, we shall inform you immediately. If this impediment to performance - as outlined in the incidents above - prevails for more than four weeks, you shall be entitled to withdraw from the contract. No further claims - especially the right to claim damages - exist in such a case. This limit of liability does not apply in cases of intent, gross negligence, assurances or breaches of significant contractual obligations caused by negligence, or if mandatory liability exists for legal reasons due to foreseeable damages.
7.4 The articles displayed in the shop are normally manufactured in limited quantity. It is therefore possible that articles might no longer be available at the time of your order. Should we be unable to deliver an article, we have the right to withdraw from the contract.
ARTICLE 8 TERMS OF PAYMENT
8.1 Payment of the purchasing price is due upon conclusion of the contract. Should the due date of the payment be defined according to calendar, exceeding this date shall already constitute default. In case of default, we are entitled to demand interest in the amount of 5 percentage points above the respective base interest rates. We reserve the right to prove and claim higher damages due to default (section 288, subsections 3, 4 BGB (Bürgerliches Gesetzbuch, ie German Civil Code)).
8.2 We offer the following methods of payment:
If you chose advance payment, you will receive an invoice stating our bank details and the order number directly after receipt of your order.
Please transfer the invoice amount stating your name and the order number. After receipt of the invoice amount, we will ship the goods within 3-6 working days to the shipping address you provided.
With PayPal, we offer you a convenient and safe method of payment. In order to be able to use this service, you need to generate a PayPal account – this is an easy and simple process. You will immediately be able to use your account to shop.
When paying by PayPal, your bank details or credit card number are safely stored at PayPal– just pay by entering your email address and password. The goods will be shipped immediately after receipt of PayPal's confirmation.
8.3 All payments are due net to johnmoni. Payment shall only be considered as effected if we have free disposal of the sum. Any set-off against our claims shall be excluded, unless the contractual partner's set-off demand is not contested by us, or has been legally confirmed or acknowledged by us in writing. You may only exercise a right of retention if the claims result from the same contract. Limitations and exclusions of liability shall not apply if such involve a counterclaim arising from a non-cash claim entitled to refuse performance or if rights are asserted regarding a claim for damages.
8.4 General discount provisions:
Discount codes have to be entered when placing the order, they cannot be considered afterwards.
Discount codes do not apply to reduced items.
ARTICLE 9 TERMS OF DELIVERY
9.1 We only ship within Germany, into EU member states and Switzerland.
9.2 If the customer is a consumer, we will bear the risk of dispatch regardless of the shipping method. If the customer is an entrepreneur, the customer will bear all risks of dispatch as soon as we have handed over the goods to our forwarder.
ARTICLE 10 RESERVATION OF PROPRIETARY RIGHTS
The delivered goods shall remain our property until all obligations have been paid.
ARTICLE 11 WARRANTY AND LIABILITY
Our warranty regulations are based on the German Civil Code (BGB). If the purchase constitutes a business transaction for both parties, the provisions of the German Commercial Code (HGB) shall remain unaffected.
ARTICLE 12 CUSTOMER SERVICES
Please contact us if you have any questions or reason for complaint. Please send your email to: firstname.lastname@example.org.
ARTICLE 13 INTELLECTUAL PROPERTY RIGHTS
The products and motifs we sell and/or use are protected by copyright. Use resp. copying of these motives is only admissible with our written consent. By paying your obligations you will not acquire the right to use our intellectual property or copyrights. This especially includes all images, designs, logos and names as well as possible trade marks and intellectual property rights. If you make any modifications to the delivered goods or attach them to other materials thus violating the protective rights of third parties, we cannot be held liable.
§ 14 DATA PROTECTION
We strictly observe data protection laws. In accordance with the provisions of the Federal Data Protection Act (ie: Bundesdatenschutzgesetz - BDSG), you agree to the storage, processing and utilization of your personal data transmitted when processing your order. We store your order and address data for the purpose of processing your order (also for forwarding the data to the companies we cooperate with regarding order processing and dispatch), for possible warranty claims and for product recommendations to our customers according to our data protection declaration and the current laws on data protection. In addition, the provisions of our data protection declaration (as can be seen on our website) apply.
§ 15 RIGHT TO OBJECT ACCORDING TO FEDERAL DATA PROTECTION ACT (BDSG)
As concerned party, according to the Federal Data Protection Act (BDSG) you have the right to object to the utilization or transfer of your data for advertising purposes (blocking indicator), provided you had given us your prior explicit consent. Furthermore, you have a right of access to and under certain conditions a right of rectification, blocking or erasure of your personal data stored in one of our files. For further information or explanations on data protection, please contact the company's data protection official at johnmoni, Konstanzer Str.39, 10709 Berlin, Email: email@example.com .
If you want to exercise your right to object according to BDSG, please also contact the data protection official.
ARTICLE 16 LEGAL SYSTEM, PLACE OF JURISDICTION
16.1 German law applies, excluding the United Nations CISG (Convention on Contracts for the International Sale of Goods).
16.2 In the case of customers closing the contract for a purpose that cannot be attributed to professional or commercial activities (consumers), this choice of law does not affect the mandatory provisions of the customer's usual state of residence.
16.3 If the customer is a business person, a legal entity of the public law or a special fund under public law, the place of jurisdiction shall be the location of our headquarters in Hamburg.
§ 17 MISCELLANEOUS
17.1 The language of the contract shall be German.
17.2 Should one or several provisions of these General Terms and Conditions of Sale be invalid the remaining clauses shall continue in full force and effect. Where any provisions are invalid, the content of the contract shall be subject to legal provisions.
AS PER MARCH 2017