CONDITIONS / AGB widerrufsrecht
GENERAL TERMS AND CONDITIONS
1 Scope
(1) These General Terms and Conditions (hereinafter “GTC”) of Studio Jojola, Diana Jojola (hereinafter “Seller”) apply to all legal transactions and contracts that a consumer or entrepreneur (hereinafter “Customer”) enters into via the online shop of the seller.
(2) Subject to individual agreements and arrangements that take precedence over these General Terms and Conditions, the following General Terms and Conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(3) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(4) The range of goods in the seller's online shop is aimed exclusively at customers who have reached the age of 18.
2 Conclusion of contract
(1) The contract is concluded when the contract is concluded between the customer and Studio Jojola, Diana Jojola VAT ID: 18/367/01680.
(2) The seller's product descriptions contained in this online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
(3) By clicking on the “buy” field, the goods specified by the customer can be selected. Selected items are temporarily stored in a virtual shopping cart while shopping. An overview shows the selected items with their item names, the order quantity, the unit price and the total value of the shopping cart. The customer goes to the ordering process by clicking on the “Checkout” button.
(4) The ordering process is as follows: The customer selects the products and places them in the shopping cart. The selected goods including VAT are shown in an overview in the shopping cart; Quantities can be changed, products can be deleted or added later. The “Checkout” button takes you from the shopping cart to the actual ordering process. Here the customer can submit the offer using the online order form integrated in this online shop. The shipping/payment method can then be selected. By clicking the “continue” button, the customer receives a summary of all order data and can make final changes. The customer can print out the order as well as the general terms and conditions and the cancellation policy.
(5) Before submitting the order via the seller's online order form, the customer can continually correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions. The information provided by the customer as part of the order is the basis for the invoice creation.
(6) By sending an order request via the online shop system, the customer submits a binding purchase offer to Studio Jojola, Diana Jojola. Receipt of the offer will be confirmed to the customer by an incoming email containing all information, cancellation instructions and a copy of these General Terms and Conditions. The incoming email does not constitute acceptance of the customer's offer, but simply informs the customer that we have received their purchase offer.
(7) The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (email), whereby the receipt of the order confirmation by the customer is decisive.
The contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
(8) If the customer selects PayPal, immediate bank transfer, GiroPay or credit card as a payment method as part of the online ordering process, they also issues a payment order to their payment service provider by clicking on the button that completes the ordering process. In this case, in deviation from paragraph 6 of this clause, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.
(9) When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer by email after sending the order along with these general terms and conditions. The customer agrees to an invoice sent electronically by submitting the order.
(10) The contract is concluded in English.
(11) Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by the customer to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
(12) Minors cannot become contractual partners themselves. If you are a minor making a purchase, you are making a contractual agreement as as representatives of the telecommunications connection owner.
3 Subject of the contract
(1) The subject matter of the contract are the goods specified by the customer as part of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop.
(2) The item representations selected on the website serve to distinguish the seller's goods (e.g. description, illustration, quality, quantity, weight, measurement or performance information). Illustrations on the website may reflect the products inaccurately; Colors in particular can vary significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may contain the small deviations. Any small imperfection due to the nature of the upcycled items and the materials used for the creation are clearly stated on the product page in the product description and do not alter the functioning, aesthetics, or structural integrity of the product.
The characteristics described here do not represent defects in the products delivered by the seller.
(3) Information about quality is non-binding. Contractual quality and durability guarantees are only stated in the acceptance email.
(4) The function, intended use of the goods and services and their availability are communicated in the order confirmation. If no copies of the product selected are available at the time of the customer's order, the seller will inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. A contract is not concluded in this case.
(5) If the product specified by the customer in the order is only temporarily unavailable, the seller will also immediately inform the customer of this in the order confirmation. If there is a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. He will immediately reimburse any payments the customer may have already made.
4 Prices, payment terms
(1) The prices stated on the product pages include statutory sales tax and other price components and do not include the respective shipping costs. Used goods within the meaning of Section 25 UStG are subject to differential taxation. Therefore, VAT is not shown separately. The purchaser has no right to deduct input tax even if they usually are entitled to do so.
(2) The shipping costs are calculated depending on the shipping method and displayed clearly upon checkout. A different shipping method shall be selected for furniture and for accessories items. It is responsibility of the customer to pick the shipping method corresponding to their needs (type of item being bought and final destination of the shipment).
(3) The costs of shipping abroad (EU countries only) is fixed and clearly stated upon checkout, and the costs of transport insurance is not included. If a transport insurance is required, the costs will be charged separately, and the seller will need to be contacted via email to arrange this.
(4) Prices can be adjusted by us if the customer subsequently requests changes in terms of type and scope and these have been expressly accepted by us.
(5) Furniture items will only be delivered in Berlin and in the Brandenburg region, while accessories can be shipped to any EU country.
(6) The following payment options are available to the customer:
Cash and PayPal when picking up the goods on site
Bank transfer in advance
PayPal
Instant bank transfer
Credit card (Mastercard, Visa)
(7) If you select the payment method of bank transfer in advance, the seller will provide the customer with the current bank details in the order confirmation. The invoice amount must be transferred to the seller's specified account within 10 days.
(8) When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), at Validity of the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(9) Claims of the seller are payable and due immediately after receipt of the acceptance email and retrieval of the online invoice. The customer will be in default with his payment obligations no later than 30 days after the due date and invoice issuance, unless otherwise stated in individual cases.
(10) The timeliness of payment depends on receipt of payment in our bank account. In the event of late payment, the seller is entitled to charge default interest for consumers of 5 percentage points and for entrepreneurs of 9 percentage points above the respective base interest rate of the ECB in accordance with the Discount Transition Act. A reminder fee of EUR 2.50 will be charged for each reminder letter that is sent to the customer after the default has occurred, unless lower or higher damage can be proven in individual cases.
(11) The seller is entitled to set off all claims that we have against the customer against all claims that the customer has against us - regardless of the legal basis.
(12) The seller is not liable for any damages or injuries resulting from the improper use or handling of the upcycled furniture and accessories. It is the responsibility of the customer to ensure the items are used in accordance with their intended purpose and maintained appropriately.
(13) Refunds of the purchase price will be made, as far as possible, using the same payment method as the payment was made by the customer to the seller. Cash payment on site is excluded from this if the customer does not return the returned goods on site. In this case, the refund will be made by transfer to the customer's bank account.
5 Delivery, shipping, transfer of risk
(1) Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
(2) Delivery to the shipping company takes place no later than five days after receipt of money. The delivery time is up to 25 working days. The seller will point out any different delivery times on the respective product page or in the order confirmation.
(3) If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to the customer a reasonable time in advance.
(4) If the customer defaults on acceptance or culpably violates other obligations to cooperate, the seller is entitled to claim the resulting damages, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the delivery item also passes to the customer at the time the customer defaults on acceptance. In addition, the seller is entitled to withdraw from the contract and/or demand compensation after setting a grace period of 7 days.
(5) The seller reserves the right to determine the shipping method, the shipping route and the company commissioned with the shipping at his own discretion, unless an individual agreement has been made with the customer.
6 Retention of title
The goods delivered remain the property of the seller until full payment has been made.
7 Right of withdrawal and return
(1) Consumers whose contractual declaration relates to a contract for the delivery of goods are entitled to a right of withdrawal in accordance with the following provisions.
(2) Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reasons.
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 goods or, in the case of a contract for several goods, which you ordered as part of a single order and which were delivered separately on 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 of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
(3) Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(4) Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To: STUDIO JOJOLA, Diana Jojola, Mühlenstraße 8A, 14167 Berlin, email: hello@studiojojola.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods.
Article:
Ordered on:
Received at:
Surname:
Address:
Date:
- End of revocation -
(5) Exclusion of the right of withdrawal
The right of withdrawal does not apply to 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 (e.g. made-to-measure products, individually printed goods).
(6) Please avoid damage and contamination of the goods. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
(7) Please note that the information mentioned in paragraph 5 above is not a prerequisite for the effective exercise of the right of withdrawal.
8 transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to complain about these errors immediately to the delivery person and to contact the seller as quickly as possible.
(2) Failure to make a complaint or contact us has no consequences for the customer's statutory warranty rights, but helps the seller to be able to assert his own claims against the carrier or the transport insurance.
9 Warranty, statute of limitations
(1) The rifle performance rights are based on the statutory provisions of the sales law (§§ 433 ff. BGB), unless expressly agreed otherwise below. With regard to the purchase of used, remanufactured or individually redesigned goods, paragraph 4 in particular must be observed.
(2) If the goods are defective beyond the typical signs of use, the customer can, at his discretion, request the elimination of the defect or the delivery of a defect-free item as supplementary performance. However, this only applies if the seller still has corresponding goods of comparable type and quality. Otherwise, supplementary performance is excluded and the customer can withdraw from the contract. If the customer declares his withdrawal, the contract must be reversed, which means that the goods already received must also be returned in return for a refund of the purchase price. The delivery of a defect-free item also requires the prior return of the defective goods.
(3) The seller assumes no liability for defects and damage caused by the customer on his own responsibility, in particular due to unsuitable and improper use, non-observance of application instructions or incorrect or negligent handling.
(4) If the customer acts as a consumer within the meaning of these General Terms and Conditions and it is a purchase of used goods, a warranty for defects that occur later than one year after delivery of the goods is excluded. Typical signs of wear and deviations in the color of used goods do not represent a defect in the purchased item. The seller is not liable for defects that are known to the buyer when the contract is concluded. These restrictions do not apply if something different has been expressly agreed, if there is a case of fraud, intent or the violation of so-called cardinal duties or if there is a claim for damages due to injury to life, limb or health.
(5) If the customer acts as an entrepreneur within the meaning of these General Terms and Conditions, the following also applies:
Only STUDIO JOJOLA, Diana Jojola's own information is binding regarding the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), he is subject to the commercial obligation to investigate and report complaints in accordance with Section 377 of the German Commercial Code (HGB). The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to report any obvious defects to the seller within 7 days of receipt of the goods. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
The seller is entitled, at his discretion, to remedy the defect or to deliver a replacement within the meaning of Section 439 of the German Civil Code (BGB). If supplementary performance fails twice, the customer can, at his discretion, request a reduction or withdraw from the contract.
For entrepreneurs, the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
The warranty period is one year from date of delivery.
10 Data protection information
With regard to all data relating to the business relationship with the customer, the data protection regulations apply, which can be found in the online shop of STUDIO JOJOLA, Diana Jojola.
11 Place of jurisdiction, final provisions
(1) The business relationship is subject exclusively to the law of the Federal Republic of Germany. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
(2) In business transactions with merchants and with legal entities under public law, Berlin is agreed as the place of jurisdiction for all legal disputes arising from the business relationship. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual residence is not known at the time the action is filed.
(3) If individual provisions of these General Terms and Conditions are invalid, the remaining provisions remain in effect.
12 Dispute Resolution
We would also like to point out the possibility of dispute resolution via the EU Commission's online dispute resolution platform www.ec.europa.eu/consumers/odr.
STUDIO JOJOLA
Diana Jojola
Mühlenstraße 8A
14167 Berlin
hello@studiojojola.com