Terms of service
General Terms and Conditions
Table of Contents
- Preamble
- Formation of the Contract
- Right of Withdrawal
- Prices and Methods of Payment
- Shipping and Delivery
- Retention of Title
- Warranty
- Liability
- Use of Promotional Vouchers
- Use of Gift Vouchers
- Governing Law
- Dispute Resolution
1. Preamble
These General Terms and Conditions of Business ("Terms") govern the contractual relationship between Jasik/Villamil Baumann GbR ("Vendor") and its customers ("Customer"), who may be either consumers or businesses. These Terms apply to all transactions for goods and/or services offered on the Vendor's online platform. Any conflicting or supplementary terms proposed by the Customer are expressly rejected, unless the parties have agreed to a different arrangement in writing.
For the purpose of these Terms, a consumer is a natural person entering into a transaction for purposes not primarily related to their commercial or independent professional activities. A trader is a natural person, legal entity, or legally capable partnership acting in a commercial or self-employed professional capacity.
2. Formation of the Contract
2.1. The items and services displayed on the Vendor's website are not legally binding offers, but rather an invitation for the Customer to submit a binding offer.
2.2. The Customer initiates the offer by using the online order form. After placing items in the virtual shopping cart, navigating through the ordering process, and clicking the final order button, the Customer submits a legally binding offer to purchase the contents of the cart.
2.3. The Vendor may accept this offer within five business days through one of the following methods:
- A written confirmation of the order, sent via email or fax, with the time of receipt by the Customer being the determining factor.
- The delivery of the ordered goods to the Customer, with the time of receipt by the Customer being the determining factor.
- A request for payment made to the Customer after the order has been placed.
Should multiple forms of acceptance occur, the contract is finalized at the moment the first of these events takes place. If the Vendor does not accept the offer within this five-day period, the offer is considered rejected, and the Customer is no longer bound by their submission.
2.4. If the Customer chooses a payment method provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, the transaction is subject to PayPal's user agreement. In this case, the Vendor accepts the Customer's offer at the precise moment the Customer clicks the final order button.
2.5. Following the contract's conclusion, the Vendor retains a copy of the contract terms and provides a text version to the Customer (e.g., via email, fax, or letter). The Vendor does not provide access to the contract text beyond this.
2.6. Before submitting a binding order, the Customer has the opportunity to review and correct any input errors using standard keyboard and mouse functions. The use of a browser's magnification feature may assist in identifying such errors.
2.7. The contractual agreement is concluded exclusively in the English language.
2.8. Communication regarding the order is typically conducted via email and automated processes. The Customer is responsible for ensuring the accuracy of their email address and configuring any spam filters to ensure that they can receive communications from the Vendor or its third-party service providers.
3. Right of Withdrawal
3.1. Consumers are entitled to exercise a right of withdrawal.
3.2. The specific terms and procedures for exercising this right are detailed in the Vendor’s separate cancellation policy.
4. Prices and Methods of Payment
4.1. All prices listed are total prices that include the statutory value-added tax, unless stated otherwise. Any delivery charges will be itemized separately in the product description.
4.2. Payment can be made using one of the methods listed on the Vendor’s website.
4.3. For credit card payments, the amount is due immediately upon completion of the contract. This payment method is processed in collaboration with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Stripe may conduct a credit check and, if negative, has the right to refuse this payment option.
4.4. If the payment is processed through Stripe, the transaction is handled by Stripe Payments Europe Ltd. as the payment service provider. Stripe may use other third-party payment providers, each with its own terms, of which the Customer will be separately informed. For more information, please visit stripe.com.
4.5. If the payment is processed through Shopify Payments, the transaction is handled by Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Shopify may use other payment services, which may have specific terms that will be separately communicated to the Customer. For more information, please visit shopify.com/payments.
5. Shipping and Delivery
5.1. Unless otherwise agreed, deliveries will be made to the address specified by the Customer within the Vendor’s defined delivery region. The delivery address provided during the order process is binding. However, if PayPal is the chosen payment method, the delivery address stored in the Customer's PayPal account at the time of payment is authoritative.
5.2. Should a transport company return the goods to the Vendor because delivery was not possible, the Customer is responsible for the costs of the failed shipment. This does not apply if the Customer effectively exercises their right of withdrawal, if the non-delivery is due to circumstances beyond the Customer's control, or if the Customer was temporarily unable to receive the goods after being given reasonable prior notice by the Vendor.
5.3. Due to logistical constraints, personal collection of goods is not available.
5.4. Vouchers are delivered electronically via email.
5.5. The Vendor reserves the right to withdraw from the contract if a supplier fails to provide goods correctly or in a timely manner, provided the Vendor is not at fault and has entered into a hedging transaction with the supplier. The Vendor will make all reasonable efforts to procure the goods. If the goods are unavailable, the Vendor will inform the Customer immediately and promptly refund any payments.
6. Retention of Title
If the Vendor provides goods before receiving full payment, ownership of the goods remains with the Vendor until the purchase price has been paid in its entirety.
7. Warranty
7.1. The statutory provisions on liability for defects apply, unless modified below.
7.2. If the Customer is a trader:
- The Vendor has the right to choose the method of rectification.
- The statute of limitations for claims concerning defects in new goods is one year from the date of delivery.
- For used goods, all rights and claims related to defects are excluded.
- The statute of limitations does not restart if a replacement delivery is made in the course of rectifying a defect.
7.3. The above limitations and shortening of the limitation period do not apply to:
- Claims for damages and reimbursement of expenses.
- Cases where the Vendor has fraudulently concealed the defect.
- Goods that have been incorporated into a structure in accordance with their typical use and have caused a defect in that structure.
- Any statutory obligation of the Vendor to provide updates for digital products as part of contracts for the supply of goods with digital elements.
7.4. For traders, the statutory limitation periods for any right of recourse remain unaffected.
7.5. If the Customer is a merchant under the German Commercial Code (HGB), they are obligated to inspect the goods and notify the Vendor of any defects according to § 377 HGB. Failure to meet this obligation constitutes acceptance of the goods.
7.6. If the Customer is a consumer, they must immediately inform the carrier of any visible damage from transport and notify the Vendor. Failure to do so does not affect their statutory or contractual claims for defects.
8. Liability
The Vendor is liable for all contractual, quasi-contractual, and tortious claims for damages and expenses as follows:
8.1. The Vendor’s liability is unlimited in cases of:
- Intent or gross negligence.
- Intentional or negligent injury to life, body, or health.
- Liability arising from a guarantee, unless otherwise specified.
- Mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).
8.2. In the event of a negligent breach of a fundamental contractual obligation, the Vendor's liability is limited to foreseeable damages typical for the contract, unless unlimited liability applies under the preceding paragraph. Fundamental contractual obligations are those whose fulfillment is essential to the proper execution of the contract and on which the Customer can reasonably rely.
8.3. Any other liability on the part of the Vendor is excluded.
8.4. These liability provisions also apply to the Vendor's liability for its agents and legal representatives.
9. Use of Promotional Vouchers
9.1. Promotional vouchers, issued free of charge for a specific duration as part of marketing campaigns and not available for purchase ("Campaign Vouchers"), can only be redeemed in the Vendor's online shop within the specified period.
9.2. Certain products may be excluded from the promotion if the Campaign Voucher's terms state such a restriction.
9.3. Campaign Vouchers can only be redeemed by consumers.
9.4. Only one Campaign Voucher can be used per order.
9.5. The order value must be at least equal to the value of the Campaign Voucher. The Vendor does not provide refunds for any unused remaining value.
9.6. If the Campaign Voucher's value is insufficient to cover the order, the Customer may use another payment method offered by the Vendor to pay the outstanding balance.
9.7. The value of a Campaign Voucher cannot be exchanged for cash and does not accrue interest.
9.8. The Campaign Voucher is voided if the Customer returns goods paid for wholly or in part with the voucher as part of a legal right of withdrawal.
9.9. Campaign Vouchers are transferable. The Vendor may honor the voucher and be discharged from its obligations by providing goods to the person who presents the voucher, unless the Vendor is aware or grossly negligent in its ignorance of that person's lack of entitlement, legal incapacity, or absence of authority to represent.
10. Use of Gift Vouchers
10.1. Gift vouchers purchased through the Vendor’s online shop ("Gift Vouchers") can only be redeemed on the Vendor's website, unless stated otherwise on the voucher.
10.2. Gift Vouchers and any remaining credit on them are valid until the end of the third calendar year following the year of purchase. Any remaining balance will be credited to the Customer's account.
10.3. Gift Vouchers must be redeemed before the order process is finalized. They cannot be applied retroactively.
10.4. Only one Gift Voucher can be used per order.
10.5. Gift Vouchers can only be used to purchase goods, not other gift vouchers.
10.6. If the Gift Voucher's value is less than the total order amount, the Customer must use another payment method to cover the difference.
10.7. The value of a Gift Voucher cannot be exchanged for cash and does not accrue interest.
10.8. Gift Vouchers are transferable. The Vendor is discharged from its obligations by honoring the voucher and providing goods to the person who presents it, unless the Vendor knows or is grossly negligent in not knowing that the person is not the rightful owner, is legally incapacitated, or is not authorized to act on behalf of the owner.
11. Governing Law
All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law is only effective to the extent that it does not override mandatory protections guaranteed by the laws of the country where the consumer has their habitual residence.
12. Dispute Resolution
The Vendor is not obligated or willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.