terms and conditions
terms and conditions
SCOPE & CONSUMER INFORMATION
We (Just2Dudes GmbH) execute your order according to our terms and conditions valid at the time of the order. The current version of the terms and conditions of Just2Dudes GmbH are available on our website www.roz-evighet.berlin under the heading „Terms & Conditions“. For the entire business relationship, our „Terms and Conditions“ apply exclusively.
The German language is the language of negotiation and contract. For all foreign business, the following conditions apply exclusively.
Your contract and order data as well as the contract text will be stored by us, a direct access is not possible for security reasons. However, you have the possibility to log in on our homepage via „My account“ with your user name and password, and thus to access your profile, your address and your shopping cart and to edit them if necessary. Your personal access data is intended only for you and may not be disclosed to third parties.
Before you click on „buy now“ on our homepage, you have the possibility to recognize and correct input errors by clicking on the button „change data“.
USER ACCOUNT REGISTRATION
The registration of a user account is only allowed for natural persons and partnerships with unlimited legal capacity as well as legal entities. Minors are not allowed to register. Registration of a legal entity may be made only by a natural person authorized to represent the entity, who must be named.
When filling out the registration application, true, accurate, current and complete information must be provided for the data requested in the registration forms. In case of incomplete registration of member accounts as well as in case of untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable time.
Any interference with our homepage or further use of your user account outside of the use provided for in these terms and conditions is prohibited. In particular, manipulations with the aim to cause damage, to impair the use of our homepage completely or temporarily or to obtain unauthorized payments or other advantages to our disadvantage are prohibited. Violations will be prosecuted under both civil and criminal law.
In the event of a violation of the terms and conditions applicable to us or a concrete suspicion of such a violation, where there is a risk of damage, we are entitled to immediately block your user account.
We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Already confirmed contracts remain unaffected.
CONCLUSION OF CONTRACT
Our offers are subject to change and non-binding. The presentation on our websites does not represent a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, you make a binding offer to conclude a purchase contract for the desired goods by clicking on the button „buy now“.
We are entitled to accept your offer within 5 calendar days by sending a contract confirmation (by mail or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is considered rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
We deliver goods in stock within 3-5 working days after conclusion of the contract by GLS. When paying in advance, the delivery times apply from receipt of money on our account. Different delivery times will be stated in the article description.
For shipments outside the Federal Republic of Germany and within Europe, the delivery usually takes 7-14 business days if the goods are available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location.
If you order a product that was available according to the item description, and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract.
All prices stated are in euros and include the statutory value-added tax. Postage and shipping costs are added according to the following list under § 7.
Right of withdrawal
You as a consumer have a legal right of withdrawal at any time.
Shipping costs (domestic and international)
Germany: 6,50 EUR per package
Austria: 12,00 EUR per package
Switzerland: 15,00 EUR per package
France: 16,00 EUR per package
Terms of payment
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment on the invoice is determined by the calendar, you are already in default by missing the deadline. In case of default, we are entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on claims for payment in the event of default at a rate of eight percentage points above the prime rate. We reserve the right to prove and assert a higher damage caused by default, § 288 para. 3, 4 BGB.
We accept payments in advance, credit card, PayPal, direct debit and Klarna.
1) Payment in advance: When paying in advance, you must transfer the invoice amount to our account within 7 days after order completion. When paying in advance, the stated delivery times apply from receipt of money on our account. If the amount is not within 7 days on our account, we can withdraw from the contract.
2) Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.
3) Payment by credit card: Your credit card account will be charged immediately after completing the payment process. All entries and checks regarding your payment will be made and stored by the payment processor.
4) Payment by direct debit: When paying by direct debit, we are revocably authorized to collect the invoice amount from your specified account. If the direct debit is not honored due to lack of funds or due to incorrect bank details, or if you object to the debit, although you are not entitled to do so, you must bear the costs and fees of the chargeback, if you are responsible for this. The account will be debited before the goods are shipped.
5) Payment via Klarna: You will…
All payments are to be made to Just2Dudes GmbH without any deductions. A payment is only considered made when we can freely dispose of the amount.
A set-off is excluded, unless the set-off claim is undisputed or legally established or recognized in writing by us. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling you to refuse performance, or rights are asserted due to a defect.
General Discount Policy:
1) Unfortunately, discount codes cannot be taken into account retrospectively.
2) Discount codes are not applicable to reduced items.
Warranty and liability
The warranty is governed by the statutory provisions. In case of complaints we ask for proof of the date of purchase by means of an invoice and sending the claimed item together with a copy of the invoice to Just2Dudes GmbH, Schloßstr. 5, 14059 Berlin. Normal wear and tear of the goods do not constitute a warranty claim.
The right to subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price is yours to the extent provided by law.
We do not assume any warranty for damages and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overuse or improper repair by an unauthorized service partner.
The warranty period for material defects vis-à-vis entrepreneurs is reduced to 1 year, unless there is a case of mandatory liability, as provided for in particular by § 478 BGB. Claims for damages shall also remain unaffected by the shortened limitation period.
If the customer is an entrepreneur, he shall inspect the services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, he shall notify us thereof without delay. If the customer fails to notify us, the service shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the performance shall be deemed approved also in view of this defect. The timely dispatch of the notification shall be sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects shall not apply if a defect was fraudulently concealed or the customer is a consumer.
Further claims, in particular for consequential damages, are excluded. This does not apply in the case of intent, gross negligence or breach of fundamental contractual obligations by us, as well as in the case of injury to life, limb or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust.
The risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases shall pass to you or a recipient selected by you upon delivery of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover to the shipping person.
We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of our vicarious agents. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, we and our vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
Please follow the washing instructions, which you can find on the textiles themselves or in the info description of the articles in the e-shop. If care instructions are not followed correctly, changes are made to the products or care materials are used that we have advised against, or which we have expressly declared to be incompatible with the items or which do not meet at least average quality requirements, there is no case of warranty.
Right of information / revocation and objection according to the Federal Data Protection Act (BDSG)
You have a right to information and under certain conditions a right to correction, blocking and deletion of your data stored in our systems.
You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and business data processing.
You can also object to the collection, processing or use of your personal data at any time if an examination shows that your interest worthy of protection due to your particular personal situation outweighs the interest of the controller in the collection, processing or use. This does not apply if a legal provision authorizes or obliges the collection, processing or use.
Furthermore, you generally have the right to revoke any consent you have previously given to the collection, processing and use of your personal data at any time with effect for the future.
Further information or explanations on data protection can be found on our homepage under data protection.
All disputes arising from or on the basis of this agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
The place of jurisdiction for all claims arising from or on the basis of this business relationship, including those arising from bills of exchange and checks, is Berlin, insofar as you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to take legal action at the court responsible for your registered office.
The contract remains binding in its remaining parts even if individual conditions are invalid. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavor to achieve the economic success sought by the invalid provision in another legally permissible manner.
Information about operator
Castle Street 5
Authorized managing directors: Justus Linus Thau, Luca Giuseppe Gennaro
Registered in the commercial register of the district court Berlin Charlottenburg under HRB 221509 B
VAT ID No. :DE335858748
Status: February 10, 2021