terms and conditions
Conditions
A. Terms and Conditions
§ 1 Scope, customers
These general terms and conditions apply to all business relationships between the company Joy Clothing, legally represented by the managing director Max Heppener, Holzmarkt 37, 51503 Rösrath, (hereinafter referred to as "company") and its customers in the version valid at the time the contract was concluded. They also contain important customer information required by law. Conflicting, deviating or additional general terms and conditions of the customer, even if they are known, are not part of the contract, unless the company has agreed to the customer’s conflicting, deviating or additional general terms and conditions in whole or in terms of individual regulations.
Customers of the company within the meaning of these general terms and conditions are both consumers and entrepreneurs. Entrepreneurs within the meaning of § 14 BGB are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Consumers within the meaning of Section 13 of the German Civil Code are natural persons who enter into a legal transaction for a purpose which, for the most part, cannot be attributed to their commercial or self-employed professional activity.
Customers in Germany and abroad are supplied.
We do not offer our goods for resale purposes. We may, in our sole discretion, limit the quantities offered per person, per household, or per order, and may cancel orders placed by dealers, resellers, or distributors. We reserve the right to discontinue business with any customer who violates this policy.
§ 2 Offers and conclusion of contract via the company's website
All of the company's offers are subject to change and non-binding. A contract between the company and the customer is only formed when the company accepts an offer from a customer. The company reserves the right not to accept an order in the event of spelling and calculation errors as well as errors on the website.
If a customer places an order on the company's website, the company will immediately confirm receipt of the order. This confirmation of receipt of the order does not constitute acceptance of the offer, but only informs the customer that his order has been received by the company.
When the customer sends an order to the company via the company's website, the customer submits an offer to conclude a purchase contract with the company. The offer is accepted and the contract is concluded with the company by means of an express declaration of acceptance by e-mail or by dispatch the ordered goods to the customer. The company is entitled to accept the contract offer submitted with the order via the company's website within 5 days of receipt of this offer by the company by means of an express declaration of acceptance or by sending the ordered goods. If the customer completes his order with the payment order via the online payment service PayPal or PayPal Express, by credit card, Google Pay or Apple Pay, the contract is concluded at the latest when the customer submits the payment order.
§ 3 Terms of payment and prices
The goods ordered by the customer are paid for by PayPal, credit card, Google Pay or Apple Pay. Unless otherwise stated below, the customer's payments are due no later than 14 days after the conclusion of the contract. The customer's account is debited after the payment transaction has been completed.
Payment via PayPal / Paypal Express:
When paying using the PayPal payment service, the customer has the option of making a payment from his PayPal account.
Payment with credit card:
When paying by credit card, the customer has the option of making a payment by credit card.
Payment via Google Pay:
When paying by Google Pay, the customer has the option of making a payment by credit card.
Payment via Apple Pay
When paying by Apple Pay, the customer has the option of making a payment by credit card.
The price stated in the presentation of the goods is the total price including any applicable sales tax (currently 19%) and other price components, but plus delivery and shipping costs.
§ 4 Shipping costs and import duties
In addition to the purchase price, the company charges the customer shipping costs. The amount of the shipping costs can be found on the company's website. In addition, customers are clearly informed of the shipping costs before placing an order on the order page.
In the case of goods deliveries to countries outside Germany, import duties may be incurred for goods imported, which the customer must bear. The amount of import duties vary in different customs territories. The customer is responsible for the proper payment of all necessary customs duties and fees.
§ 5 Default of Payment
If the customer does not pay after a reminder from the company, which is sent after the due date, he will be in default as a result of the reminder. During the delay, the customer must pay interest on the money owed at a rate of 5% above the base interest rate.
§ 6 Delivery, shipping in several packages
Delivery is made to the delivery address specified by the customer when placing the order. If the customer/recipient specifies an alternative drop-off location with the shipping service provider, the transport risk for the package is transferred to the customer/recipient after delivery to the drop-off location.
The company is entitled to send the goods to the customer in several packages when ordering several items, provided this is reasonable for the customer. The company bears any additional shipping costs incurred as a result.
§ 7 Delivery times
The goods are usually dispatched two working days, but in individual cases no later than 4 working days after receipt of the customer's payment via PayPal, credit card, Google Pay or Apple Pay.
§ 8 Transfer of risk
If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over, in the case of mail-order sales when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment .
If the customer is a consumer, the risk of accidental loss or accidental deterioration of the item sold only passes to the buyer when the item is handed over, even in the case of mail-order sales.
The handover is the same if the buyer is in default of acceptance.
§ 9 Retention of title
The delivered goods remain the property of the company until full payment has been made.
In relation to customers who are entrepreneurs, the company retains ownership until all claims that we are entitled to from the buyer for any legal reason from the business relationship have been settled.
The customer is obliged to notify the company immediately of any seizure or other impairment of the reserved goods by third parties.
§ 10 Right of revocation, costs of returning the goods in the event of revocation
Consumers are entitled to the statutory right of withdrawal. Companies inform customers, among other things, on their website about the existence or non-existence of a right of withdrawal as well as the conditions, details of the exercise, in particular the name and address of the person to whom the revocation is to be explained and the legal consequences of the revocation. When ordering online, the customer will also be informed in text form of cancellation instructions in accordance with the legal requirements at the latest when the contract is concluded.
Consumers must return goods that, due to their nature, can normally be sent back by post (including parcel services) to the company without undue delay and in any case no later than fourteen days from the day on which the consumer informs the company about the cancellation of this contract to hand over. The deadline is met if consumers send the goods before the period of fourteen days has expired. Consumers bear the direct costs of returning the goods.
According to § 312g Para. 2 No. 1 BGB, the right of withdrawal does not exist in particular for distance contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer are.
§ 11 Warranty and Liability
The customer's warranty rights and the company's liability are based on the statutory provisions.
§ 12 Data protection
The company undertakes to keep the personal data of customers confidential. The collection, processing and use of personal data takes place in accordance with the statutory provisions. A transfer of personal data to third parties takes place exclusively within the framework of contract processing. The data received from the customer is collected, processed and used by the entrepreneur to process the contract.
Customers can request their personal data stored by the entrepreneur at any time. Information can also be given by e-mail. Customers can contact the company at any time for the deletion of user information within the framework of legal provisions. Further information on data protection can be found in the separate data protection declaration.
§ 13 Final Provisions, Place of Jurisdiction, Severability Clause
German law applies to the legal relationship between the customer and the company, excluding the UN Sales Convention. If provisions of the state in which a customer who is a consumer has his habitual residence provide for a protection for consumers that does not exist under German law, these provisions shall apply to the legal relationships between this customer and the company.
If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is not known at the time the action is filed.
The company is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, and the company does not offer to participate in such a procedure.
Should individual provisions of these General Terms and Conditions be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
Contracts can be concluded in German or English.
B. Customer Information
1. Seller Identity Information
The operator of the website, contractual partner and provider of this website is the
Joy Clothing
wood market 37
51503 Rösrath
Managing Director: Max Heppener
Email: joyclo.maxheppener@gmail.com
Internet: www.joyclo.de
Registration court: ...
Registration number: ...
Sales tax identification number: DE ...
2. Information about the statutory right of withdrawal for consumers
Right of withdrawal
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 last goods.
In order to exercise your right of withdrawal, you must inform us
Joy Clothing
wood market 37
51503 Rösrath
Email: joyclo.maxheppener@gmail.com
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation 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. In the case of goods which, due to their nature, can normally be returned by post (including parcel services), we may refuse to reimburse you until we have received the goods back or until you have provided proof that you have sent the goods back, depending on which is the earlier time.
You have the goods immediately and in any event not later than fourteen days from the day on which you
inform us about the cancellation of this contract
Joy Clothing
wood market 37
51503 Rösrath
to be returned or handed over. 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.
3. Information on the essential characteristics of the goods
The main features of the goods result from the respective product descriptions of the products placed.
4. Information on the conclusion of the contract
The conclusion of the contract takes place if you place an order via our website, in accordance with § 2 of our General Terms and Conditions.
5. Payment and Delivery Information
Our terms of payment and delivery can be found under § 3, § 4, § 5 and § 6 of our General Terms and Conditions.
6. Information about technical steps leading to the conclusion of the contract
The conclusion of a purchase contract takes place through offer and acceptance.
You can place an order via our website by placing a selected product in the shopping cart. To do this, you can click on the "Add to shopping cart" button on the product page. If you wish, you can then add other products to the shopping cart in the same way.
After selecting the product or products, you can click on the "Shopping Cart" button. A new page will then open showing the previously selected contents of the shopping cart.
Directly from the shopping cart page you have the option to use the button "Continue" to continue shopping without registering as a customer, to open a new personal customer account, or to register via an existing customer account.
After entering your data required for the order or after displaying the existing customer data, you have the option of specifying the details of the shipping and the payment method.
You can use another button to check the previous information on the item, address, shipping method and payment method again.
Then click the button "Buy", you are making an offer to purchase the item or items you have selected.
Acceptance by us takes place in accordance with § 2 of our General Terms and Conditions.
7. Information on storing the text of the contract
If you place an order via our website, the text of the contract will be saved by us and sent to you on request by e-mail or post together with the general terms and conditions valid at the time the contract was concluded.
8. Information about the technical means to identify and eliminate input errors
Before submitting a binding order, you can continuously correct your entries using the input devices you use (usually keyboard and mouse). In addition, all entries are displayed again in an overview before the binding submission of the order and can also be corrected there using the input devices you use.
Before the binding order is submitted, there is always the option of canceling an order process by closing your internet browser.
9. Information about the languages available for the conclusion of the contract
German and English are available for the conclusion and execution of the contract as well as for customer service.
10. Information on the statutory right to liability for defects in goods and customer service
Customers are entitled to the statutory right to liability for defects in goods.
If you have any questions about our products, you can contact our customer service on +49 1629226501.
There are no customer service costs beyond the usual connection charges.
You can reach us by phone on weekdays from 10:00 a.m. to 12:00 p.m. and from 3:00 p.m. to 5:00 p.m.
11. Information on data protection
Our data protection practice is in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). For detailed information, please refer to our separate data protection declaration.
