General Terms and Conditions
1.1 Scope of Application, Customer Information
The General Terms and Conditions set out below govern the contractual relationship between JUNGMI (hereinafter referred to as JUNGMI) and the consumers and entrepreneurs who buy goods in our shop. We do not accept any conflicting provisions or provisions deviating from our Terms and Conditions. The contract language shall be German.
Consumer means any natural person who concludes a legal transaction for a purpose neither attributable to their commercial nor their independent professional activities.
Entrepreneur means any natural or legal person or a partnership with legal personality who, in entering into the contract, exercise their commercial or independent professional activity
2. Conclusion of Contracts
2.1 Offers on the internet constitute a non-binding invitation for you to buy our goods.
2.2 When you click on the order button after having entered your data, you submit a binding offer to conclude a purchase contract. You may also submit a binding purchase order by phone or fax. The confirmation of receipt that you will receive immediately by email or fax for your purchase offer does not constitute an acceptance of the purchase offer.
2.3 We are entitled to accept your offer within two days by sending an order confirmation by email. After the unsuccessful expiry of the period mentioned in sentence 1, the offer is deemed rejected, i.e. you are no longer bound by your offer. If you place offers by phone, the purchase contract is deemed concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
2.4 If our order confirmation contains any clerical and/or typographical errors or if our prices as stated are incorrect due to a technical transmission error, we are entitled to rescind, whereby we must prove the error to you. Payments which have already been made will immediately be reimbursed.
3. Right of Withdrawal
3.1 Instructions on the Right of Withdrawal
You are entitled to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period is fourteen days from the day on which you or a third party appointed by you who is not the carrier have or has taken possession of the goods.
In order to exercise your right of withdrawal, you need to inform us (JUNGMI, Neue Weinsteige 24 B, 70180 Stuttgart, Germany, Email: firstname.lastname@example.org, Fax: +49 711 67 44 55 52, Phone: +49 711 67 44 55 50) about your decision to withdraw from this contract by sending a clear statement (e.g. a letter sent by mail, fax or email). For that purpose, you may use the attached sample withdrawal form, which is, however, not mandatory.
The term of notice for withdrawal is deemed respected if the notification on the exercise of the right of withdrawal is sent before the expiry of such term.
Consequences of the Withdrawal
If you withdraw from this contract, we shall reimburse, immediately and within fourteen days from the day on which we receive your notification of withdrawal from the contract, all payments that we have received from you, including costs of delivery (apart from additional costs which arise from the fact that you have selected a different type of delivery than the most cost-effective standard delivery offered by us). We shall use the same means of payment that you used in the original transaction, unless expressly otherwise agreed with you; under no circumstances will we charge any fees on account of such reimbursement. We may reject the repayment until we have received the goods or until you have proven that you have returned the goods, whichever occurs first.
You shall return or hand out the goods to us, immediately and in any case within fourteen days from the day you informed us about your withdrawal from this contract. The term shall be deemed respected, if you send the goods prior to the expiry of the term of fourteen days. You shall bear the immediate costs arising from the return of the goods.
You will only be liable for any diminished value of the goods which results from you having handled the goods in any manner other than what is necessary to ascertain the nature, properties and functioning of the goods.
End of the instructions on the right of withdrawal
4. Return costs in the event of cancellation
Exercise your right to cancel , you have to pay the regular costs of the return if the delivered goods ordered corresponds and if the price returned the case of an amount not exceeding 40 euros or if you are of at a higher price the thing at the time revocation have not yet paid the consideration or a contractually agreed part payment. Otherwise the return is free for you.
5. Retention of Title
The object of purchase shall remain our property until full payment has been made.
6. Storage of the Text of the Contract
We will store the text of the contract and will send you, for online orders and orders placed by telephone, the order data and our General Terms and Conditions by email to the specified email address.The General Terms and Conditions as amended from time to time are available for inspection at any time under www.jungmi.de.
7. Prices and Shipping
All prices quoted on the product pages constitute final prices and include the statutory value added tax.
7.2 Forwarding Company
We use DHL Deutsche Post or a provider of our choice to make deliveries.
8. Terms of Delivery
8.1 Partial Deliveries
In case not all of the ordered items are in stock, we are entitled to make partial deliveries, at our expense, if that is reasonable for you.
8.2 Delivery Impossible
In case delivery has failed despite three delivery attempts, we may withdraw from the contract. We will immediately reimburse any payments that you might have made.
8.3 Reservation of Self-Supply
In the event that the ordered product is not available because of non-delivery of that product from our supplier, through no fault of us, we may withdraw from the contract. We will immediately inform you in such case and might suggest the delivery of a comparable product. If no comparable product is available or if you wish no delivery of a comparable product, we will immediately reimburse to you any consideration already provided by you. We shall bear the burden of proof for the default in delivery by our supplier.
9. Transfer of Risk for Shipments to Entrepreneurs
If the goods are sent to entrepreneur, at the latter’s request, the risk of accidental loss or of accidental deterioration of the goods will be transferred to purchaser when the goods are shipped to purchaser (entrepreneur) or when they leave the warehouse, at the latest. That shall apply independently of whether the goods are shipped from the place of fulfilment or of the person bearing the freight costs.
10. Terms of Payment
10.1 Types of Payment
Payments will be made by processing the types of payment offered by JUNGMI. The currently available types of payment will be displayed during the order process. The types of payment available to you will be displayed for selection before each purchase order.
10.2 Exclusion of Individual Types of Payment
We reserve the right to exclude individual types of payment. The available types of payment will then be displayed as options in the ordering process. Please refer to the information in our privacy statement under “Privacy“.
10.3 Period of Payment for Advance Payment
The invoice amount shall be transferred within 10 days (from the invoice date) to our account. You'll receive the account information sent separately via email.
In case of delay in payment, the purchase price shall bear interest in the amount of 5 % above the base interest rate. Jungmi reserves the right to prove and to assert higher damage due to default.
10.4 Right of Set-off and Right of Retention
You will only have a right of set-off, if your counterclaims have been found to be legally effective by a court or if such are undisputed or if we have acknowledged them in writing. You may only exercise a right of retention if the claims result from the same contractual relationship.
11. Warranty toward Consumers
Warranty is subject to the legal provisions.
12. Warranty toward Entrepreneurs
Warranty claims for faults of the purchased goods become statute-barred within one year from the transfer of risk. Claims for damages, claims for defects that were fraudulently concealed from JUNGMI and claims under a guarantee given by Jungmi for the quality of the object shall be excluded from this regulation. The right to recourse according to Section 478 of the BGB [German Civil Code] shall also be excepted. The statutory limitation periods apply to such excepted claims.
13. Transport Damage
If you receive goods deliveries with obvious transport damage, please immediately lodge a complaint about such defects against the forwarding company and contact us as soon as possible. Failure to make a complaint or make contact with us shall not have any consequence for your statutory warranty rights. But you help us to assert our own claims towards the carrier or the transport insurance.
14. Final Provisions
14.1 Applicable Law
German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 Law Applicable to Consumers
The choice of law set out above applies to consumers only insofar as the protection granted is not withdrawn by imperative provisions of the law of the country in which they have their usual residence.
14.3 Contract Language
The contract language is German.
14.4 Dispute Resolution
Online-Dispute Resolution due to Art. 14 Abs. 1 ODR-VO: The European Commission provides a platform for Online-Dispute Resolution (OS). You can reach it under: http://ec.europa.eu/consumers/odr/
Dated: November 2016