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General terms and conditions JivanaProps®
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
Consumer is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. The entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.
These terms and conditions also apply to entrepreneurs to future business relationships without having to point out them again. If the entrepreneur uses conflicting or complementary general terms and conditions, their validity is hereby contradicted; You only become part of the contract if we have expressly agreed.
2. Contract partner, contract conclusion
The purchase contract is concluded with JIVANAPROPS®.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially put our products into the shopping cart without obligation and correct your entries before sending your binding order at any time by providing the one in the order sequence and use explained correction aids. By clicking the order button, you submit a binding order of the goods contained in the shopping cart. The receipt of the order is confirmed together with the acceptance of the order immediately after sending by an automated email. The purchase contract has been concluded with this email confirmation.
A binding contract can also come about before:
• If you have chosen credit card payment, the contract is concluded at the time of the credit card burden.
• If you have chosen the PayPal payment method, the contract is concluded at the time of your confirmation of payment instructions to PayPal.
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page. You can view your past orders in our customer login.
3. Delivery conditions
In addition to the specified product prices, shipping costs are added. You can find out more about the amount of shipping costs from the offers.
You basically have the option of picking up at JivanaProps®, Bleicherwiesen 6,
D-31224 Peine, Germany
for the following business hours: 9:00 a.m. to 12:00 p.m.
We do not deliver to packing stations.
- goods that are made according to customer specifications or are clearly tailored to personal needs, or that are not suitable for a return due to their nature or can quickly spoil or whose expiry date would be exceeded;
- audio or video recordings or CDs/DVDs, provided that the delivered data carriers have been sealed by you;
3.1 Retours (returning the product)
If the customer don’t like our products for any reason, or he/she did a wrong order, the customers has to pay the return fee.
Warranty
The guarantee is based on the statutory provisions, although in the event of a lack of the goods, we initially deliver or improve after your choice. If the rectification fails or if the delivered goods are also defended, you can return the goods against reimbursement of the full purchase price or retain the goods and reduce the purchase price. Information about any manufacturer guarantees can be found in the product documentation.
4. Payment
The following payment methods are available in our shop:
All prices include the statutory VAT.
Prepayment
When selecting the payment method in advance, we give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Foreign payments:
Prepayment by bank transfers to boarding school. Bank account (iban)
DE 26 2595 0130 0102 7649 33,
Boarding school. Bank identification (BIC): Nolade 21 Hik,
Sparkasse Hildesheim Goslar Peine - Ralf S. Schütt,
Paypal
You pay the invoice amount via the online provider PayPal. In principle, you must be registered there or register, legitimize your access data and confirm the payment instructions to us. You can get further information from the ordering process.
The invoice
Only from the 2nd order up to ¤ 100 and only within Germany.
All article sets/couples and special offers are excluded from the discount regulation, as they already contain a discount!
5. Right of withdrawal
Consumers are entitled to the legal right of withdrawal as described in the cancellation policy. No voluntary right of withdrawal is granted entrepreneurs.
6. Removal of title
The goods remain our property until full payment.
In addition, the following applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship are completely paid. You can resell the goods subject to retention of title in the ordinary business company; All claims arising from this resale - regardless of a connection or mixing of the reserved goods with a new item - will take place in advance in advance in the amount of the invoice amount, and we accept this assignment. They remain authorized to collect the claims, but we can also collect claims ourselves if they do not meet their payment obligations.
7. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors immediately with the deliverer and please contact us immediately. The failure of a complaint or contact has no consequences for your legal claims and its enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims to the carrier or transport insurance.
The following applies to entrepreneurs: The risk of random loss and the random deterioration passes to you as soon as we have delivered the matter to the freight forwarder, the carrier or the person otherwise designed to carry out the dispatch. Among merchants, the examination and notification obligation regulated in § 377 HGB applies. If you fail to do so, the goods are considered approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have a lack of default.
8. Warranty and guarantees
Unless expressly agreed differently below, the statutory right to defect applies.
For consumers, the limitation period for claims for defects in used items is one year from the delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of danger; The statutory limitation periods for the right to recourse according to § 478 BGB remain unaffected.
Compared to entrepreneurs, only our own information and product descriptions of the manufacturer, which have been included in the contract, are considered an agreement on the nature of the goods; We assume no liability for public statements from the manufacturer or other advertising statements.
If the delivered item is defective, we initially make guarantee to entrepreneurs at our choice by eliminating the defect (rectification) or by delivering a deficiency -free thing (replacement delivery).
The above restrictions and deadline reductions do not apply to claims due to damage caused by us, our legal representatives or vicarious agents
• In the event of violation of life, body or health
• In the event of intentional or grossly negligent breach of duty and malice
• In the event of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligations)
• as part of a guarantee promise, as far as agreed
• Insofar as the scope of the Product Liability Act is opened.
You can find information on the applicable additional guarantees and their exact conditions for the product and on special information pages in the online shop.
9. Liability
For claims due to damage caused by us, our legal representatives or vicarious agents, we are always indefinitely liable
• In the event of violation of life, body or health
• In the event of intentional or grossly negligent breach of duty
• In the event of guarantee promises, if agreed
• Insofar as the scope of the Product Liability Act is opened.
In the event of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and that the contractual partner can regularly trust (cardinal obligations) by mild negligence by us, our legal representatives or vicarious agents, the liability is due to the damage predictable when the contract is concluded limited, the formation of which must typically be expected.
In addition, claims for compensation are excluded.
10. Final provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, legal entity under public law or special funds under public law, our business is exclusive for all disputes from contractual relationships between us and you.
Provider information
JIVANAPROPS ®
Bleicherwiesen 6
D-31224 Peine
Tel: +49.5171/41122, Fax: +49-5171/7699225
ralf (ät) jivanaps.eu
UST.ID: DE811792972 Managing Director: Ralf S. Schütt