§1 Applicability of Terms and Conditions
1. The terms and conditions apply to the entire business relationship between the customer and JM Nature GmbH.
2. Customers in the sense of these terms and conditions are consumers as well as entrepreneurs. Consumers in the sense of these terms and conditions are all natural persons with which a business relationship is entered into and which acts with a purpose that can neither be ascribed to its commercial nor to its independent professional activity. Entrepreneurs in the sense of these terms and conditions are all natural or juridical persons or partnerships with legal capacity with which a business relationship is entered into and which act with the purpose of a commercial or independent professional activity.
3. For entrepreneurs, the terms and conditions also apply to all future business relationships, even if these are not explicitly agreed upon again. The terms and conditions valid at the time of the conclusion of the contract apply.
4. Terms and conditions which deviate, contradict or amend the terms and conditions on hand do not become a contractual component even if they are known. This does not apply if JM Nature GmbH has agreed to their validity explicitly and in written form.
§2 Conclusion of Contract
1. The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button “Place binding order“, you place a binding order for the products in the shopping cart. The confirmation that your order has been received is carried out simultaneously with the acceptance of your order immediately after the order placement via an automated E-mail. This E-mail confirmation concludes the contract.
2. Should an article be unavailable or only partially available, we will inform you without delay. You will be reimbursed immediately for amounts already paid.
§3 Payment and Shipment
1. You can choose to pay by advance payment, PayPal, credit card or cash on delivery. If you choose advance payment, we will provide our banking details in the order confirmation. The invoice amount is to be transferred to our bank account within 10 days. If you pay by credit card or PayPal, your account will be charged upon concluding the order process.
2. Wares are shipped within the Federal Republic of Germany, to Austria and Switzerland.
§4 Customer Information, Right of Revocation
In accordance with the regulations for distance contracts, the consumer has a right of revocation with regard to the articles bought according to the following instructions:
1. Instructions for Revocation
Right of Revocation
You can revoke your contractual declaration without giving reasons within 14 days in textual form (e. g. letter, fax, E-mail) or – if you receive the goods before the time period has expired – by returning the goods. The time period commences after receiving this instruction in textual form, but not before the goods arrive at the recipient (for the recurring delivery of similar goods: not before the arrival of the first partial delivery) and also not before the fulfillment of our information obligation according to article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as well as our obligations according to § 312g section 1 clause 1 BGB in connection with article 246 § 3 EGBGB. In order to comply with the revocation time period, it suffices to dispatch the revocation or the goods in time. The revocation is to be addressed to:
JM Nature GmbH,
34246 Vellmar – Germany
Fax: +49 561 / 8708 8592
In the case of an effective revocation, the performances each party has received are to be reimbursed and, if applicable, emoluments taken (e. g. interest) are to be returned. If you are unable or partially unable to return the received performance as well as emoluments (e. g. benefits of use) or can do so only in worse condition, you are obligated to provide us with compensation for lost value. You are only obligated to provide us with compensation for worse condition of the goods and for emoluments taken insofar as the emoluments or the worsening of the condition is related to treating the good in a fashion which exceeds the testing of its properties and functionality. “Testing of its properties and functionality” here means the testing of the item in question, e. g. in the fashion in which it would be possible and common to do so in a retail store. Goods which can be shipped as parcel are to be returned at our risk.
You have to bear the regular costs of the return shipment if the shipped wares correspond to the ones ordered and if the price of the goods to be returned does not exceed the amount of 40 Euro. For goods with a price beyond 40 Euro you have to bear the regular costs of the return shipment if you have not provided the compensatory measure or a contractually agreed upon partial payment at the time of revocation. Otherwise, the return shipment is free of charge. Goods which cannot be sent as parcel will be picked up at your location. Obligations which concern the reimbursement of payments must be fulfilled within 30 days. For you, this time period commences with the dispatch of your revocation notice or the goods; for us, with its receipt.
End of Revocation Instruction
2. Exclusion from the Right of Revocation
According to § 312 d section 4, the right of revocation does not apply to distance contracts that concern
- the delivery of products which were manufactured according to customer specifications or are unambiguously tailored to their personal requirements or which, due to their nature, are not fit for a return shipment, or which can perish quickly, or whose expiration date has expired,
- the delivery of audio- and video recordings or of software insofar as the delivered data carriers have been unsealed by the consumer,
- the delivery of papers, magazines and illustrated magazines unless the consumer has provided his or her contractual declaration telephonically.
§5 Cost Bearing Agreement
If you make use of your right of revocation, you have to bear the regular costs of the return shipment if the shipped products correspond to the ones ordered and if the price of the goods to be returned does not exceed the amount of 40 Euro. For goods whose price exceeds 40 Euro you have to bear the regular costs of the return shipment if you have not provided the compensatory measure or a contractually agreed upon partial payment at the time of revocation. Otherwise, the return shipment is free of charge.
§6 Price, Delivery- and Shipment Costs
1. The listed purchase price constitutes the final price if the delivery is not shipped to non-EU foreign countries. If the delivery is to be shipped to non-EU foreign countries, additional duties, fees or taxes may have to be paid by the customer, not to the provider, but to the appropriate local customs or tax authorities. We advise you to inquire about the details at the customs and tax authorities prior to your order.
2. Not included in the purchase price are additionally applicable delivery and shipping costs, which are shown to you in detail prior to the placement of your order.
3. The delivery of the articles is generally carried by dispatch. Customer pick-up can only be considered in exceptional cases and after having previously agreed upon on a date.
4. The customer does not have the right to balance his or her own claims against our payment claims, unless the claims of the customer are indisputable or legally established.
5. The customer does not have the right to balance our payment claims against rights of retention, even under notification of defects, unless they result from the same contractual relationship.
6. Shipping Costs
We have no minimum order value. The shipping costs are a flat rate of 3.5 € for shipping within Germany, 5 € for shipping within Austria and Switzerland, and 6.50 € for shipping is the rest of the world. From an order weight of 0.5kg we charge an additional 5 €. Within Germany the shipping costs for an order value of 20 €.
7. Information about Delivery Times
Up to three products:
Shipping as goods shipment
Because we ship orders consisting of up to three products Germany-wide as “goods shipments”, it can take up to ten work days until the ordered goods arrive.
More than three products:
DPD parcel with delivery within two work days
The following table lists the delivery times for shipping to other countries:
|Country||additional maximal duration in days|
|Rest of world||5|
§7 Transfer of Risk
1. For consumers, the risk of accidental perishing and deterioration of the sold goods is transferred to the consumer upon delivery of the goods to the customer.
2. For entrepreneurs, the risk of accidental perishing and deterioration of the sold goods is transferred upon the delivery to them or a person authorized to take delivery. With regard to delivery by mail, the risk is transferred upon delivery of the goods to a suitable transport person.
3. The risk transfer is the same if the customer delays approval.
§8 Notification of Transport Damages
1. Deliveries are to be checked for completeness and integrity in the presence of the delivery agent. Should externally visible transportation damages be identified, the customer obligates him- or herself to note these on the shipping documents and to have them acknowledged by the delivery agent. In this case, the packaging must be retained.
2. If the (partial) perishing or damage is not externally visible, the customer has to notify JM Nature GmbH within 3 days after delivery or the transport company within 7 days after delivery in order to ensure that potential claims against the transport company can be filed in time.
3. Possible rights and claims of the customer, in particular the buyer’s rights related to defective goods, are not touched by the regulation listed under sections 1 and 2.
§ 9 Retention of Title
1. The following retention of title applies to consumers:
We retain the title on the delivered goods until the full payment of the purchase price for these goods is made. While the retention of title is in effect, the buyer is not allowed to sell the goods (hereinafter: “reserved goods”) or otherwise dispose of the property.
In the case of third party access – in particular through bailiffs – to the reserved goods, the buyer is allowed to indicate our ownership and notify us immediately so that we can assert our property rights. In the case that the behavior of the buyer is contrary to contract, especially in the case of payment delay, we have the right to claim the surrender of the reserved goods if we have withdrawn from the contract.
2. The following retention of title applies to entrepreneurs:
a) The retention of title agreed upon in the following serves the protection of all of our respective currently existing as well as future claims against the customer resulting from the delivery relationships that exist between us (including any balance demands resulting from a current account limited to one of these delivery relationships).
b) The goods delivered from us to you remain our property until the complete payment of all secured claims. The goods, as well as the goods which according to the following regulations take their place and are subject to the retention of title are hereinafter referred to as “reserved goods”.
c) You store the reserved goods for us free of charge.
d) You have the right to process and sell the reserved goods in the normal course of business until an enforcement event occurs. Pledges and transfers by way of security are not permitted.
e) If the reserved goods are processed by you, it is agreed upon that the processing is carried out in the name and for the account of us as manufacturer and that we immediately inherit the ownership or – if the processing is carried out from the substances of multiple owners, or the value of the processed goods is higher than the value of the reserved goods – the co-ownership of the newly created goods in the ratio of the value of the reserved goods to the value of the newly created goods. In the case that no such acquisition of ownership is effected, you are already transferring your future ownership or co-ownership of the newly created goods to us as a security. If the reserved goods are combined with other goods into a single product or inseparably combined, or if one of the other goods can be regarded as the main good, we transfer to you, insofar as the main good belongs to us, the proportionate co-ownership of the unified product, according to the ratio stated in clause 1.).
f) In the case of resale of the reserved goods, you are already by way of security ceding the herefrom resulting claims against the buyer – in the case of our co-ownership of the reserved goods proportionately according to the co-ownership – to us. The same applies to other claims which take the place of the reserved goods or which otherwise arise with regard to the reserved goods, e. g. insurance claims or tort claims for loss or destruction. We revocably authorize you to collect the claim ceded to us in your own name. We are only allowed to revoke this direct debt authorization in the case of an enforcement event.
g) Should third parties access the reserved goods, in particular through bailment, you will immediately indicate our ownership and inform us in order to enable us to assert our ownership rights. If the third party is not able to reimburse us for court and out-of-court costs which arise in this context, you are liable for this towards us.
h) We will release the reserved goods as well goods or claims which take their place insofar as their value exceeds the amount of the secured claim by more than 50 %. The choice of the goods to be subsequently released resides with us.
i) In case we withdraw from the contract due to behavior on your part which is contrary to contract (enforcement event), in particular payment delay, we have the right to demand the surrender of the reserved goods.
1. The legal warranty period shall be two years and commences with the transfer of risk. Warranty claims are initially limited to supplementary performance. In the case of entrepreneurs, JM Nature GmbH initially and of their own choosing warrants defective goods by means of defect rectification or replacement. In the case of consumers, JM Nature GmbH has the right to refuse the type of supplementary performance chosen if it would only be possible at disproportionate costs and the other type of supplementary performance is without substantial disadvantages for the consumer.
2. If the supplementary performance fails, the customer has the choice between withdrawing from the purchase contract, reduction of the purchase price and compensation or the reimbursement for futile expenses. If the customer chooses compensation or claims futile expenses, the liability limitations according to § 9 of these terms and conditions apply.
3. The mere presentation of the products on the online shop web site is to be understood as a mere specification of services and no way constitutes a guarantee for the condition of the articles. Warranty declarations by third parties, e. g. manufacturer warranties, remain untouched by this.
4. No warranty applies in the case of damages which were caused by improper handling or treatment of the article. The same applies to so-called intentional deterioration.
5. The customer does not have the right to immediately remedy an existing defect by him- or herself or by third parties (self-remedy); possibly incurred expenses will not be reimbursed.
6. Entrepreneurs are obligated to report obvious defects in written form within a period of two weeks, commencing with the receipt of the goods and addressed to the contact data listed above; otherwise, the warranty claim is ineligible. The timely dispatch of the defect notice suffices to comply with the time period. Entrepreneurs bear the full burden of proof for all conditions of entitlement, especially for the defect itself, the point in time when the defect was identified and for the punctuality of the defect notice.
1. According to the legal provisions, JM Nature GmbH bears unlimited liability for damages arising from injury of life, body or health which are due to an intentional or negligent breach of duty on its part, on part of its legal representatives or on the part of its vicarious agents as well as for other damages which are due to an intentional or grossly negligent breach of duty as well as fraudulent intent on its part, on the part of its legal representatives or on the part of its vicarious agents. Moreover, JM Nature GmbH bears unlimited liability for damages which are covered by liability according to mandatory legal provisions, e. g. the product liability law.
2. In the case of damages caused by simple negligence, JM Nature GmbH is liable insofar as the negligence concerns the violation of such contractual obligations the adherence to which is of particular importance (material contractual obligation) for the attainment of the contractual purpose; here, however, the liability is limited to the contractually typical, foreseeable and immediate average damage.
3. In the case of simple or slightly negligent violation of non-essential contractual obligations, JM Nature GmbH is liable towards consumers; here, however, the liability is limited to the contractually typical, foreseeable and immediate average damage.
4. Further liability is excluded, regardless of the legal nature of the claim asserted; this also applies to tortious liability claims. Insofar as the liability described herein before is excluded or limited, this also applies to the personal liability of employees, workers, personnel and vicarious agents.
§11 Storage of the Contractual Text
We store the contractual text and send the order data and our terms and conditions to you via E-mail. The information about your contract can be requested from JM Nature GmbH under specification of your order number.
For security reasons, your order data is no longer accessible via the internet.
§12 Final Provisions
1. The law of the Federal Republic of Germany applies. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law only applies insofar as the protection that is provided by mandatory legal provisions under the law of the state in which the consumer has his or her domicile is not withdrawn.
2. The regulations of the United Nations convention on contracts for the international sale of goods (CISG) do not apply.
3. The place of performance for all contractual and legal claims is, insofar as nothing else has been specified or mandatory legal provisions conflict, the registered office of JM Nature GmbH.
§13 Severability Clause
Should a provision of these terms and conditions or the contract be rendered fully or partially invalid, unenforceable or lose its legal validity at a later point in time or exhibit a legal gap, the validity of the other provisions remains untouched. Invalid provisions are primarily replaced by such provisions which in a legally valid way most closely correspond economically to the invalid provisions and to the intentions of the contractual partners.
§14 Information about Online Dispute Resolution
The European Commission provides a platform for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlements of disputes arising from online purchase or service contracts in which a consumer is involved.
JM Nature GmbH
represented by the management: Jean-Pierre de Wild
34246 Vellmar – Germany
Commercial register: Local Court of Kassel (HRB 17057)