Date: 03. March 2014
- Scope of Application, Contractual Partners
- Conclusion of Contracts
- Terms of Delivery
- Reservation of Proprietary Rights
- Prices, Cost of Delivery, Returns, Methods of Payment, and Gift Certificates
- Voluntary Right of Return
- Warranty, Liability
- Severability Clause, Applicable Law, Place of Jurisdiction
- Notice of Revocation
1 - Scope of Application, Contractual Partners
- The Terms and Conditions set forth below shall apply to all contracts and transactions completed via the online shop www.jimirakete.com (the "Shop") between jimirakete BERLIN, Defreggerstr. 6, 12435 Berlin, and third parties (the “Customer”) at the time the order is placed.
- The contractual partners for all purchases of products and services (the “Offers” or the “Products”) from the above-mentioned Shop are jimirakete BERLIN and the Customer.
- Terms of the Customer that differ from or are opposed to these Terms and Conditions do not apply.
2 - Conclusion of Contracts
- Only Customers registered at jimirakete BERLIN can purchase Products and Offers from jimirakete BERLIN. Registration is free of charges, can be terminated at any time, and results in no obligations of the Customer. The Customer may deregister or cancel registration informally and directly via the contact form of the Shop or in written form sent to jimirakete BERLIN firstname.lastname@example.org
- Products and Offers for sale in the Shop represent an invitation to the Customer to place an order from jimirakete BERLIN only and are not a binding offer.
- An order of Products or Offers placed by the Customer after the clicking of the button “add to cart” and then the separate clicking of the button “place order” represents a binding offer to conclude a sales contract. Jimirakete BERLIN is not required to accept the offer of the Customer. In particular, the confirmation of receipt of an order from the Customer or the request for payment do not represent acceptance of the Customer’s offer, rather they solely document that the order was received by jimirakete BERLIN. The contract results from the delivery of the ordered product.
- The Customer may conclude contracts in German or English.
3 - Terms of Delivery
- All orders are produced by external partners and not by Jimirakete BERLIN directly. Delivery will generally take 5-10 days. In individual cases, longer delivery times up to 4 weeks are possible, of which the Customer will be promptly informed. In the case that the ordered product is temporarily unavailable, an extension period of 28 days will automatically follow the lapse of the designated and expected time period. Following the lapse of this extension period, the Customer can withdraw from the contract.
- If it is not possible to deliver the ordered product in individual cases, jimirakete BERLIN will immediately notify the Customer and will promptly refund the amount of the purchase price that has been prepaid.
4 - Reservation of Proprietary Rights
- All delivered products remain the property of jimirakete BERLIN until the purchase price has been paid in full.
5 - Prices, Cost of Delivery, Returns, Methods of Payment, and Gift Certificates
- All listed prices for Products and Offers are in Euros, include the legal value added tax at the time of order, and do not include the costs of shipping and handling (Delivery Costs).
- Delivery Costs will be calculated separately and amount to a flat rate of 4.95 EUR for deliveries to Germany and Austria with an order value up to 49.99 EUR; jimirakete BERLIN will assume the Delivery Costs for orders with a value exceeding 50 EUR. The Customer will be notified of separate Delivery Costs for deliveries to countries besides Germany and Austria.
- The Customer can choose to make payments by either direct debit transfer or PayPal. To safeguard against credit risks, Jimirakete BERLIN reserves the right to deny specific payment methods on an individual basis and execute deliveries only against cash payments in advance.
- In the case that the Customer provides a delivery address outside of Germany and delivery to that address is not possible, the Customer bears the costs of return shipping.
- Payment takes place with the completion of an order. If the contract is not concluded, jimirakete BERLIN will refund the amount of the purchase price that has been prepaid.
6 - Voluntary Right of Return
- In addition to the legal right of revocation, the Customer is granted a voluntary right of return for a total of 21 days following receipt of the goods. With this right of return, the Customer can withdraw from the contract after the lapse of the legal revocation period of 14 days by sending the products back to jimirakete BERLIN within 21 days of receipt of the goods. Timely mailing shall suffice to meet the deadline.
- The exercise of the voluntary right of return requires that the products were not excessively tested in a retail shop and that the products are returned complete, intact in the original condition, undamaged, and in the original packaging.
7 - Warranty, Liability
- The warranty of the Products and Offers is based on the legal provisions.
- Damage caused by the Customer due to misuse or contract-violating handling shall not be regarded as faults in the Products or Offers.
- Further liability claims of the Customer are excluded, especially for compensation damages and reimbursement claims arising from faulty goods or other damages resulting from contractual obligations and illegal acts. This is invalid, unless liability is compulsory, e.g. in the case of intent or gross negligence, due to injury to life, limb or state of health, due to the infringement of substantial contractual obligations or e.g. according to the Product Liability Law. The claim for compensation due to substantial breach of contract is, however, restricted to foreseeable damages for this type of contract, unless liability is valid for intent or gross negligence, or due to injury to life, limb or state of health. Any amendments to the burden of proof to the detriment of the customer are not connected with the aforementioned regulations.
8 - Severability Clause, Applicable Law, Place of Jurisdiction
- If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of the contract in its entirety. The provision rendered invalid shall be replaced by a legally valid provision with the same effect.
- The law of the Federal Republic of Germany shall exclusively govern the performance of all contracts that are concluded by jimirakete BERLIN. The UN purchase law is excluded. Place of fulfillment and exclusive jurisdiction is Berlin, Germany.
9 - Notice of Revocation
The Customer may revoke the contractual agreement without having to provide a reason for doing so within 14 days in writing (e.g. by letter, fax, e-mail) or by returning the product if it has been delivered prior to the expiration of the revocation time period.
The revocation period shall commence following receipt of this notification in text form, but not prior to the receipt of the goods by the consignee (if the same type of goods are supplied on repeated occasions, not prior to the receipt of the first consignment) and not prior to the fulfillment of the duty of information in accordance with Section 246 § 2 in conjunction with § 1 Para 1 and 2 of the German Civil Code [BGB] as well as the Seller’s duties in accordance with Section 312e Para 1, P 1 of the German Civil Code [BGB] in conjunction with Section 246 § 3 BGB. The timely sending of the revocation or the return of the goods constitutes compliance with the revocation notice period.
The letter of revocation is to be sent to:
jimirakete BERLIN Defreggerstr. 6 12435 Berlin email@example.com
Terms of Revocation:
In the event of an effective revocation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) is to be surrendered. If the Customer is either wholly or partly unable to restore the goods received or can restore them only in an impaired condition, the Customer shall have to pay compensation for the value accordingly. This shall not apply if the impairment of the goods is due exclusively to the examination of the goods, as would have been possible for the Customer in a shop, for example. The Customer is obliged to refund any open payments within 30 days after sending the revocation notice.Back to Top