TERMS AND CONDITIONS
The following General Terms and Conditions of Business exclusively shall apply in their respectively valid version at the time of order for all legal relations established via www.michaeljustus.com and its customers.
Any other General Terms and Conditions of Business upheld by the customer are hereby rejected.
1. Presentation of the merchandise in the www.michaeljustus.com internet shop does not constitute any binding offer on the part of the provider for the conclusion of a sales contract. The customer is simply invited to make an offer in the form of an order.
2. By sending an order in the www.michaeljustus.com internet shop, the customer submits a binding offer targeted at the conclusion of a sales contract with regard to the merchandise contained in the shopping cart. Upon sending the order, the customer equally recognises these General Terms and Conditions of Business as exclusively binding for the legal relationship with www.michaeljustus.com.
3. www.michaeljustus.com confirms receipt of the customer order by sending a confirmation e-mail. The order confirmation still does not represent the acceptance of the purchaser’s offer by www.michaeljustus.com It is only used for informing the customer that the order has been received by www.michaeljustus.com The declaration of acceptance as concerns the contractual offer takes place by supply of the merchandise or in the form of an explicit declaration of acceptance.
4. Other orders and conclusions of sales contracts may be made by telephone, fax or e-mail. In this, the customer will receive a written or oral offer in response to each enquiry. A sales contract comes into force when the customer confirms the respective offer orally or in writing and by settling the corresponding invoice.
www.michaeljustus.com retains title to the merchandise supplied until complete payment thereof has been received.
The merchandise is supplied subject to advance payment, unless other terms of payment have been agreed explicitly between the contractual partners. Unless otherwise agreed, our invoices must be settled immediately, but no later than within fourteen (14) days. Cash discounts may only be deducted if they have been agreed explicitly.
Payment of the purchase price matures upon conclusion of the contract.
In the event that you make use of your right of cancellation, you are required to carry the costs of regular return transport, provided that the merchandise supplied corresponds with the merchandise ordered and the price of the items to be sent back does not exceed the sum of 40 euro or, in the event that the value of the items exceeds 40 euro, you have not received the return service or made payment of the contractually agreed instalment upon declaration of cancellation. Return consignments are otherwise free of charge for you.
In the www.michaeljustus.com Online Shop charges a standard postage and packing rate of EUR 3,00 / order for insured dispatch inside of Germany and EUR 5,00 / order for insured dispatch outside Germany. There will be no postage charges for orders with an valu above EUR 50,00. Companies such as DHL, DPD and UPS handle all consignments.
Larger orders placed by direct communication via telephone, fax or e-mail and not in the www.michaeljustus.com Online Shop are sent by package. The transport costs for package delivery will be included separately and individually in the offer. Prices are based on the official DHL rates: http://www.dhl.de/en.html
All listed prices are inclusive of the statutory rate of VAT. www.michaeljustus.com wishes to offer its customers the greatest possible transparency and security and has therefore linked up with what is most likely the fastest and safest partner in terms of payment services: PayPal. PayPal can be used to make rapid, reliable and above all for the customer safe payments as registered member and also as new customers. At PayPal, you can make payments by direct debit, credit card, Giropay, transfer or from the credit on your PayPal account. For you as a customer, the service is entirely free of charge; also, given that the seller generally receives payment immediately, we are able to send the merchandise to you even sooner.
For more information relating to all aspects of the payment service PayPal, www.michaeljustus.com recommends: https://www.paypal.com/worldwide/. When orders are placed via www.michaeljustus.com, the prices listed therein at the moment of order shall apply.
1. The customer’s warranty rights are defined in the general statutory provisions, provided no other regulation is made hereafter. All compensation claims for damages lodged with the provider by the customer are subject to the provisions § 10 of these GTTB.
2. The statute of limitations on compensation claims for damages lodged by the customer amounts to 2 years for consumers when referring to new goods and to 1 year for used goods. The statute of limitations amounts to 1 year for new and for used goods equally when dealing with merchants. The aforementioned reduction in the statute of limitations does not apply to compensation claims for damages lodged by the customer on the basis of a violation of life, limb or health or for compensation claims for damages arising from the violation of substantial contract obligations. Substantial contract obligations shall be deemed to be those whose fulfilment is necessary in order to satisfy the object of the agreement, e.g. www.michaeljustus.com is required to provide the customer with the items free of any material or legal deficiencies and must enable the customer to acquire ownership thereof. The aforementioned reduction in the statute of limitations shall also not apply to compensation claims for damages based on culpable intent or gross negligence on the part of www.michaeljustus.com, legal representatives or assistants. In dealings with merchants, the right of recourse stipulated in § 478BGB (German Civil Code) shall also be exempted from this reduction in the statute of limitations.
3. The provider does not offer a guarantee over and above said stipulations.
1. Liability for content. The contents of our site were created with great care. However, we cannot take any responsibility for the accuracy, completeness or currency of the content presented. As a service provider, we are responsible in accordance with § 7 paragraph 1 TMG for our own contents on these sites under the general laws. However, in accordance with §§ 8 to 10 TMG (German Teleservices Act), we – as service providers – are not obliged to monitor transmitted or stored information from third parties or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. Nevertheless, liability in this regard is possible only from the date of knowledge of specific infringement. We will remove the content as soon as we come to know of the relevant infringement.
2. Liability for links. Our site contains links to external third-party websites over which we have no control. Therefore, we cannot accept any responsibility for this external content. The respective service provider or operator of the sites is always responsible for the contents of linked sites. The linked sites were checked at the time of linking for any infringement. Illegal contents were not seen at the time of linking. Permanent monitoring of the content of linked sites is unreasonable without concrete evidence of infringement. We will remove the content as soon as we come to know of the infringement.
4. This website contains data, information and other content that is protected by copyright and other trademarks. Duplication and publication of the websites or parts thereof are prohibited.
5. All persons are permitted to install one or several links on these websites. The operator reserves the right to revoke this authorisation. It is not permitted to present websites in a frame.
6. The operator is liable for the content of these websites in accordance with the statutory provisions. The operator accepts no responsibility for the accuracy or completeness of the content and information made available on these websites.
7. In the event that a contractual relationship is established between the operator and the user, the laws of the Federal Republic of Germany shall be applied thereto. This choice of law and jurisdiction shall not apply to the mandatory consumer protection regulations applicable in the country in which the customer has his or her common place of residence. Further, the choice of law and jurisdiction shall not apply in the event that the user enforces violations of intellectual property laws. Application of the UN Sales Convention shall be excluded.
The court of jurisdiction for all disputes arising from the use of the website shall be the headquarters of the operator, provided the user is a merchant, a legal entity under public law or a special fund under public law.
The assignment or pledge of claims or rights held by the customer towards www.michaeljustus.com is not possible without the consent of www.michaeljustus.com, unless the customer is able to provide evidence for a justified interest in the assignment or pledge.
The customer is only entitled to set-off claims if the claims intended for set-off have been legally established or are undisputed.
1. The laws of the Federal Republic of Germany shall be applied to the contractual relationship between the provider and the customer. This choice of law and jurisdiction shall not apply to the mandatory consumer protection regulations applicable in the country in which the customer has his or her common place of residence. Application of the UN Sales Convention shall be excluded.
2. The court of jurisdiction for all disputes arising from the contractual relationship between the customer and www.michaeljustus.com shall be the headquarters of www.michaeljustus.com, provided the user is a merchant, a legal entity under public law or a special fund under public law.
1. Gathering and processing of data
A log is automatically generated when you visit our website or when you access the data stored thereon. This storage takes place for internal system-related and statistical purposes. In this, the name of the file accessed, the date and the time of the access, the data volume transmitted, report on successful access, the respective web browser, the requesting domain and the IP address of the requesting computer are logged.
Furthermore, personal data (surname, first name, address, data of birth, telephone, fax number, e-mail address, etc.) are also registered; naturally, this takes place only if you volunteer this data – for instance in context with an enquiry or a registration.
2. Intended purpose
In the event that you provide us with personal data, we will only use it for certain purposes. This includes responding to any questions you address to us, contractual fulfilment and contractual implementation, technical administration and the generation of offers and responding to questions of a general nature. Personal data is only used for the purposes of advertising or market research and to design our services if you have given us your explicit permission to do so; naturally, you are entitled to withdraw any such authorisation at any time.
3. Transmission of personal data
Your personal data will only be transmitted to third parties or otherwise if this is necessary for the purpose of contractual fulfilment or for accounting purposes, you have provided prior consent or we are required to make said transmission on the basis of statutory provisions or mandatory, official order. You are at any time entitled to revoke your authorisation, effective for the future.
4. Deletion, objection
You are entitled at any time to revoke your consent to the storage of personal data. In the event that you revoke said consent, we will – to the extent that this is permitted by law – immediately delete your personal data. Furthermore, your personal data shall be deleted if knowledge thereof is no longer necessary in order to fulfil the purpose for which said data was originally stored or if storage thereof is prohibited by other statutory provisions.
You may at any time demand from us information on the data stored as regards your person, its origins and the purpose of storage.
We would be pleased to send you our newsletter, containing a wealth of interesting and detailed information. If you are interested, we require your e-mail address and your consent to the dispatch of our newsletter. Naturally, you can unsubscribe to our newsletter and request deletion of your e-mail address at any time. We will then immediately discontinue transmission of the newsletter.
7. Security notice
We will make every effort to store your data in a way that ensures it cannot be accessed by third parties. However, if e-mail communication takes place, we are regrettably unable to guarantee complete data security. You should therefore send confidential information by post.
8. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and facilitate analysis of your use of the website. The information generated by the cookies regarding your use of this website is generally transmitted to a Google server in the USA and stored there. However, if the IP anonymization is activated on this website, your IP address is first abbreviated by Google in the member states of the European Union or in other member states of the EEA (European Economic Area) Agreement. Only in exceptional cases is your full IP address transmitted to a Google server in the USA and abbreviated there. Google will use this information on behalf of the operator of this website, to evaluate your use of this website, to create reports about the website activities, and to provide additional services connected with the website and Internet use to the website operator. The IP address transmitted from your browser by Google Analytics is not combined with the other Google data. You can prevent the cookie storage by a corresponding setting in your browser software; however, we would like to point out that in this case you might not be able to use all functionalities of this website. In addition, you may prevent the transmission of the data created by the cookie related to your use of this website (including your IP address) to Google, and the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
All copyright-related usufructs in each method and for any intended purpose to sketches, drafts, originals, films and such like created by www.michaeljustus.com shall remain with www.michaeljustus.com, provided there are no other explicit agreements. The services presented on the website are provided and monitored by www.michaeljustus.com. All data, information and material contained on this website, pictographs/images, illustrations, audio or video clips, are protected by copyright, trademark or other laws governing intellectual property held and controlled by www.michaeljustus.com or other parties and for which licenses were granted to www.michaeljustus.com. It is not permitted to copy, duplicate, publish, upload, send, transmit or in any other way, including e-mail or any other electronic means, distribute said material or data. Any changes to the data, information and material, their use on other websites or in computer environments connected within a network or their use for any other purposes than personal, non-commercial reasons are prohibited and constitute a violation of copyrights, trademarks and other intellectual property rights. We reserve the right to institute criminal proceedings in the event of any violation of copyright.
Samples can only be supplied with an invoice. There is no right of return.
Rights of cancellation: you are entitled to cancel your contractual declaration within a period of 14 days in the written form (e.g. letter, fax, e-mail) without stating reasons or – in the event that the items are placed at your disposal before the end of said period – by returning the items. This period shall start upon receipt of this instruction in the written form, but not before receipt of the merchandise by the recipient (in the event of repeated delivery of identical merchandise not before receipt of the first partial delivery) and not before satisfaction of our obligations to inform in accordance with item 246 § 2 in connection with § 1 items 1 and 2 EGBGB and our obligations in accordance with § 312e item 1 sentence 1 BGBin connection with item 246 § 3 EGBGB. Timely dispatch of the cancellation or the items shall be sufficient to adhere to the cancellation period.
Cancellations are to be addressed to:
Mittelweg 41c | 20148 Hamburg | Germany
Consequences of cancellation
In the event of effective cancellation, the services performed on both sides must be returned in addition to any benefits gained (e.g. interest). In the event that any services received or uses acquired (e.g. benefits of use) cannot be returned or redeemed, can only be returned or redeemed partially or only in a deteriorated state, you will be required to provide compensation for said value. You are only required to provide compensation for any deterioration in value in the event that the deterioration is due to handling of the items that exceeds the scope of examining properties and functions thereof. “Examining properties and functions” is deemed to denote trying out the respective merchandise as would be considered possible and standard in a retail outlet. Items suitable for package consignments should be sent back at our risk. You are required to carry the regular costs of return delivery provided that the merchandise supplied corresponds with the merchandise ordered. The return consignment is otherwise free of charge for you. Items that are not suitable for dispatch as packages will be picked up from your address. Obligations to return payments must be satisfied within 30 days. This period shall start for you when you dispatch the notice of cancellation or the item and for us upon receipt thereof.
End of the cancellations policy.
The right of cancellation does not apply to supplies of merchandise manufactured according to customer specifications or are clearly tailored to suit the customer’s needs.
Please prevent damage and soiling. If at all possible, return the merchandise to us in its original packaging with all accessories and with all elements of the packaging intact. If necessary, use additional protective packaging. If you no longer possess the original packaging, please ensure by taking suitable packaging that there is sufficient protection against transport damage, thus preventing any claims for compensation as a result of damage caused by deficient packaging.
In the event that any provision of these Terms and Conditions of Business should be void, this shall not alter the effectiveness of the remaining provisions hereof. The void provision must be replaced with a provision that comes as close as possible to the void provision and that does not run contrary to the implementation of the agreement.