General Terms and Conditions
In December 2016, Linda Haußer, the face behind JANTHEE Berlin (owner Linda Haußer, Luetzowstrasse 22, 10785 Berlin, Germany, e-mail: firstname.lastname@example.org, VAT-ID: DE308909804 - hereinafter "JANTHEE Berlin" -), launched her first collection of JANTHEE Berlin swimwear. Since then, the brand lives up to its name and is gradually establishing a creative swimwear label. In 2019, the JANTHEE Berlin product range will be expanded to include creative and individual jewelry under the brand JANTHEE Jewelry, which now also embodies the character and values of our swimwear label in this form. In addition, in 2019, a separate men's swimwear label with the name "BERLINTOTOKYO" will follow, which will be linked on the website of JANTHEE Berlin. On the website www.jantheeberlin.com, JANTHEE Berlin also operates an online shop where you can buy our products. Therefore, even we can’t do without general terms and conditions - hereinafter: "GTC" - and would like to inform you about the conditions for the sale of our products, below.
- 1 Applicability, Contract Language
- The present GTC apply to all contracts between you and JANTHEE Berlin concluded on this online shop.
- The languages available for the conclusion of the contract are German and English.
- 2 Applicable Law, Mandatory Consumer Protection Regulations
(1) The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) your residence is in Germany, or
(b) your residence is situated in a state not being member of the European Union.
(2) In the event that your residence is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your residence is situated. Such rules shall remain unaffected.
- 3 Conclusion of Contract
- The presentation of the products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
- By clicking the “Complete Order“-button in the last step of the order process, you submit a binding offer for the purchase of the goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order by means of a separate email or by dispatch of the goods. Please check the spam folder of your mailbox, regularly.
- In our online shop, you can select products for purchase by placing them in the shopping cart by clicking on the respective button (“Add to Cart”). To finish the order, you can go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, a page will open, which summarizes the essential product specifications including the costs that will be incurred. Up to this stage, you can correct your entries or decide not to enter the contract. Only by subsequently clicking the button “Complete Order“, you will place a binding order in the meaning of subsection (2).
- 4 Information on Adjustments of Orders
To place an order, you start by placing the desired goods in the shopping cart. There you may modify at any time the desired quantity or delete goods completely. If you have placed goods in the shopping cart, you can continue the order process by clicking on the “Continue to ...“-buttons. First, you will get to a page where you can enter your data and then choose the shipping and payment method. Finally, you can review your entries on the overview page that will open. You can correct entry errors (e.g. with respect to the payment method, data or quantity), by clicking on “change“ next to the respective field. If you wish to cancel the order process completely, you can simply close your browser window. Otherwise, by clicking the confirmation button “Complete Order“, your declaration becomes binding in the meaning of § 3 subs. 2 of these GTC.
- 5 Storage of Contractual Provisions
You will receive the contractual provisions together with information on the goods ordered including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.
- 6 Collecting, Saving and Processing of your Personal Data
- In our online shop you may order goods as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account before or during an order with your e-mail address and the password, which you have chosen during the registration process.
- In order to process your order, we need the following data from you:
– your first and family name
– your email address
– your postal address
– payment details
- To open a customer account, you must provide us with your first and family name, your email address as well as a password chosen by you.
- Without your separate consent, we will only use your personal data to process your orders, e.g. for delivery to your address. If you pay by bank transfer, we also use your banking data to carry out your payment. A use of your personal data for the purpose of advertising or market research, requires your explicit separate consent.
- Your data will be stored in your customer account until you delete it yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.
- As far as your personal data changes, you are personally responsible for its update. All amendments can be made online after log in under “My Account“.
- 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method “SSL“ to encrypt your personal data) or via our payment provider PayPal. When using PayPal you will be redirected to the website of PayPal. There you must log in to your PayPal account and then have the option - depending on the functionality of your PayPal account - to arrange the payment by credit card, direct debit or debit from your PayPal account. Further information about the PayPal payment system can be found at http://www.paypal.de/de.
- 8 Retention of Title
The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
- 9 Delivery Conditions
We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the summary of the essential product specifications and will be indicated separately on the invoice.
- 10 Right of Revocation
As a consumer you are entitled to a right of revocation in accordance with the information on the right of revocation, accessible here. A consumer means every natural person who enters into a legal transaction for purposes that are predominantly outside of his/her commercial or independent professional activity.
- 11 Warranty for Purchased Goods
- If the delivered goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.
- The limitation period of warranty claims for the delivered goods is two years upon receipt of the goods. Any claims due to defects maliciously concealed by us will expire within the normal limitation period.
- Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly granted such a guarantee in the individual case with respect to the item sold.
- 12 Limitation of Liability
- We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on, regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
- Based on the current state of art, data communication via the internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online shop.
- 13 Final Provisions
- The GTC stipulated herein are complete and final. In avoidance of any doubt or dispute between the parties regarding the content of the agreement, any amendments and changes of these GTC shall be made in text from.
- If, at the time of conclusion of this contract, you had your place of residence or your general abode in Germany and you relocated it to a location outside of Germany at the time of commencement of proceedings by us or if your place of residence or general abode is unknown at this time, the jurisdiction for all disputes shall be the domicile of our company in Berlin.
- We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and the website http://ec.europa.eu/consumers/odr.
Our e-mail address is: email@example.com
We inform you according to § 36 German VSBG that we are not under the obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
- Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.
- It is always very important to JANTHEE Berlin to offer all services in a manner which is fully legally compliant. Should you still see yourself injured in your rights, you are welcome to contact us informally so that we can quickly obtain, implement or enforce your legitimate claims, even without a legal dispute. We are happy to always listen to your concerns even without legal assistance.