GTC

For purchases in the online store of junglück GmbH

§ 1 General, scope of application of the GTC

1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order. 

1.2 The contractual partner is JUNGLÜCK GmbH, Keltenring 9, D-82041 Oberhaching (hereinafter "Seller").

1.3 Customers within the meaning of these Terms and Conditions may 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 primarily 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 a contract with the seller, are acting in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract, conclusion of the contract

2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by e-mail.

2.2 Once you have found the desired product, you can take a closer look at it without obligation by clicking on the product name, the product image or the [To product] button. You can add the item to your shopping cart by clicking the [Add to cart] button. You can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart graphic or the [Add to cart] button in the shopping cart window that opens. You can change the products and/or remove them from the shopping cart by adjusting the quantity and/or clicking the [Remove] and [Update] buttons. If you want to buy the products in the shopping cart, click on the [Checkout] button on the "Shopping cart" page. 

During the rest of the ordering process, you can log in to your customer account or enter additional contact details for shipping. After clicking the [Continue to shipping] button, you can select the shipping options. After clicking on the [Continue to payment] button, you will reach the next step of the order process and can select the desired payment method. In the last step, under "Review", you will once again receive an overview of your order data and can check your details again and correct them under [Change]. You can also correct input errors by using the buttons provided to return to previous order steps, navigate backwards in the browser or cancel the order process and start again. On the "Review" subpage, you will be referred to our general terms and conditions and the declaration of revocation - you can also access both texts here. To complete your purchase, you must click the [Buy] button. This will send the order to us.

§ 3 Storage of the contract text

We save your order, the order data entered and the entire text of the contract. We will send you an order receipt and order confirmation with all order data and the entire text of the contract 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 Right of withdrawal for consumers

The following right of withdrawal only applies to consumers in distance selling:

1. revocation instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us JUNGLÜCK GmbH, Keltenring 9, D-82041 Oberhaching, Phone: +49 (0) 89 2555 25 663, E-Mail: info @ junglueck.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. 

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

2. exclusion from the right of withdrawal

Unless the parties have agreed otherwise, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

§ 5 Sample withdrawal form

(If you wish to cancel the contract, please complete this form and return it to us).

To 

JUNGLÜCK Ltd, 

Keltenring 9,

D-82041 Oberhaching,

E-mail: info @ junglueck.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of 

the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

§ 6 Prices and shipping costs

All prices are inclusive of VAT plus shipping costs. We deliver with DHL or another provider of our choice.

§ 7 Terms of delivery

7.1 We deliver exclusively to the following countries:
Germany, Austria, France, Netherlands, Belgium, Italy, Luxembourg.

7.2 Shipping

If no other period is specified in the respective offer, the goods will be delivered in Germany within 2 - 4 days, for deliveries abroad within 3 - 5 days after conclusion of the contract.

If you have ordered items with different delivery times, we will send the goods in a single shipment unless we have made other arrangements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

§ 8 Terms of payment

8.1 Payment can be made either by:

• Google Pay
• Apple Pay
• Credit card (VISA, Mastercard, Maestro, Amex)
• Instant bank transfer (Klarna Sofort), 
• Klarna Sofort, Pay Later and Pay Now
• EPS bank transfer
• PayPal
• Amazon Payment
  
  

We reserve the right to exclude individual payment methods. 

8.1.1 When paying by credit card (VISA, Mastercard, Maestro, Amex), you provide us with your credit card details when placing your order. The credit card or the specified account will be debited immediately after the order and your legitimization as the legitimate credit card holder.

8.1.2 When paying with Klarna Sofort/Pay Now, you will be redirected to the Sofort GmbH payment form. Here you must select your bank, log in with your online banking data and approve the process with a TAN. You will be debited immediately after placing your order. 

We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that performance with debt-discharging effect is only possible vis-à-vis Klarna.

Please note that we are still responsible for general customer inquiries (e.g. regarding goods, delivery time, shipment), returns, complaints, revocation declarations and returns or credit notes, even when paying by instant bank transfer via Klarna.

8.1.3 For payment on account via Klarna "Pay later", Klarna will check your creditworthiness to determine whether you can be offered payment on account. If payment on account is possible, you will receive an invoice with payment instructions from Klarna no later than 5 days after the order has been shipped or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been shipped within 21 days, please contact us first and then Klarna to pause the payment period. 

We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that performance with debt-discharging effect is only possible vis-à-vis Klarna.

Please note that even when paying by invoice via Klarna, we are still responsible for general customer inquiries (e.g. about the goods, delivery time, shipment), returns, complaints, revocation declarations and returns or credit notes.

8.1.4 When paying by EPS transfer, after selecting the payment method, a central list of participating Austrian banks will open where you can select your bank. You then enter your login details in the login window of your online banking and carry out the transfer immediately using a TAN. No registration is required to pay with EPS Überweisung.

8.1.5 To pay with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. To be able to use the payment method, you must be registered with Amazon or register. After you have entered your access data for your Amazon account on the Amazon website, select the delivery address and the payment method and confirm the payment instruction to us. Finally, you will be redirected back to our store where you can complete the order process. After placing the order, we will ask Amazon to initiate the payment.

8.1.6 When paying by PayPal, you will be redirected directly from the order process to the PayPal website. Payment via PayPal can only be made if you are registered with PayPal or have registered. You will then be forwarded directly to the payment page and confirm the payment instruction to us. After submitting the order, PayPal will be requested by us to initiate the payment transaction and will do so automatically.

8.1.7 When paying via Google or Apple Pay, you can initiate payment transactions via your smartphone or wearable.

To pay with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data for this and confirm the payment with a payment method you have stored (credit card or debit card). The transaction will be carried out immediately after placing the order. The payment data you have stored with Google Pay will not be transmitted to us.

To pay with Apple Pay, you must be registered with Apple and have activated the "Apple Pay" function. After selecting the payment method, please enter your access data for your Apple account to legitimize yourself. Then please confirm the payment instruction for the payment with a payment method you have stored (credit card or debit card) to us. The payment will be processed immediately after the order has been placed.

8.1.8 If you select a payment method offered via the "mollie" payment service, payment will be processed via the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter "mollie"). The customer will be informed of the individual payment methods offered via mollie in the seller's online store. "Mollie" may use other payment services to process payments. If necessary, special payment conditions apply for this, to which the Customer may be informed separately. Further information on "mollie" can be found on the Internet at https://www.mollie.com/de/.

8.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties. 

8.3 If you are a consumer, the purchase price shall bear interest at a rate of 5% points above the base interest rate for the duration of the delay in payment. If you are not a consumer, the interest rate during the period of default is 9% points above the prime rate. In addition, we are entitled to charge entrepreneurs a lump sum for damages of €40 in the event of late payment. We reserve the right to prove and claim higher damages caused by default.

§ 9 Warranty

9.1 If you are a consumer, the warranty is subject to the statutory provisions. 

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods 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 goods shall also be deemed to have been approved in view of this defect. § Section 377 HGB remains unaffected. The customer shall not be released from his duty to inspect the goods even in the event of recourse by the entrepreneur in accordance with § 478 BGB. If, in such cases, he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.

9.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the item was taken to a place other than the registered office or commercial branch of the customer to which the delivery was made. This clause shall not apply in the case of recourse pursuant to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. This shall not apply in the case of recourse pursuant to § 478 BGB, nor in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.

§ 10 Liability for damages and reimbursement of expenses

10.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions. 

10.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to clauses 10.2 to 10.7:

10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions. 

10.2.2 If we or our representatives or vicarious agents have slightly negligently breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, the liability is limited to the foreseeable, typically occurring damage.

10.2.3 Unless otherwise stipulated in Clauses 10.2.1 and 10.2.2, our liability for damages shall be excluded. The same shall also apply if recourse claims are asserted against us as the supplier in accordance with § 478 BGB.

10.3 The exclusions and limitations of liability under clause 10.2 also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses instead of performance.

10.4 The exclusions and limitations of liability under clause 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 Insofar as the limitation of liability pursuant to Section 10.2 does not apply to claims arising from producer liability pursuant to Section 823 BGB, our liability shall be limited to the compensation payment of the insurance. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.

10.6 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

10.7 A reversal of the burden of proof is not associated with the above provisions.

§ 11 Customer service

If you have any questions, complaints or claims, please contact us. You can reach us Monday - Friday between 10 a.m. and 3 p.m. on +49 (0) 89 2555 25 663 or by e-mail at info@junglueck.de.

§ 12 Code of Conduct

We have submitted to the code of conduct of the Trusted Shops quality criteria. 

Further details can be found at the following link: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

§ 13 GiftGift cards

13.1 JUNGLÜCK GiftGift cards can be redeemed at www.junglueck.de.

13.2 The Gift card and any remaining credit can be redeemed until the end of the third year following the year in which the voucher was purchased.

13.3 The Gift card can only be redeemed before completing the order process. Subsequent offsetting is not possible. Only one Gift card can be redeemed per order.

13.4 The Gift card can only be used for the purchase of goods and not for the purchase of further vouchers.

13.5 Gift card credit is neither paid out in cash nor does it bear interest.

13.6 The Gift card is transferable. The seller may make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

§ Section 14 Legal system, place of jurisdiction

14.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2 In the case of customers who conclude the contract for a purpose that cannot be predominantly attributed to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.

14.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in D-81379 Munich.

14.4 Alternative dispute resolution and ODR platform 

The European Commission provides a platform for online dispute resolution (ODR). This can be accessed via the following internet address: https://ec.europa.eu/consumers/odr/.

We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent consumer arbitration board is the Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, D-77694 Kehl am Rhein, Tel.: +49 (0)7851 / 795 79 40, Fax +49 (0) 7851 / 795 79 41, E-Mail: mail@universalschlichtungsstelle.de, Web: www.verbraucher-schlichter.de.

§ 15 Miscellaneous

15.1 The contract language is German.

15.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.

Status: January 2021