§1 Applicability to entrepreneurs and definitions
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between jungold gmbh, Riedlerweg 29/D, A-8054 Graz (hereinafter "Seller") and the customer (hereinafter "Customer").
1.2. You can contact us for questions, complaints and objections during our opening hours. These are Monday to Friday from 10:00 a.m. to 4:00 p.m. and by email at office@jungold.at
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code)
1.4. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity in writing.
§2 Offers and service description
2.1. The presentation of products in the online shop does not constitute a binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not constitute a warranty or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.
§3 Ordering process and conclusion of contract
3.1. The order is placed in the following steps:
a) Selection of the desired goods
b) Confirm by clicking the buttons “Add to cart” or “Buy with PayPal”
c) Checking the information in the shopping cart
d) Pressing the button "Checkout"
e) Log in to the online shop after registering and entering your registration details (email address and password) OR continue as a guest by entering your delivery address and registration details (email address)
f) Checking the shipping address
g) Re-examination or correction of the respective data entered.
h) Binding submission of the order by clicking the button “Pay now” or “Order now”
3.2. Before bindingly submitting the order, the consumer can return to the website on which the customer's details are recorded by pressing the "Back" button in the Internet browser he is using after checking his details and correct any input errors or cancel the order process by closing the Internet browser. We will confirm receipt of the order immediately on a "Thank you" page and by an automatically generated email ("order confirmation"). With this we accept your offer.
3.3. Storage of the contract text for orders via our online shop: We save the contract text and send you the order data by email. You can view the terms and conditions at any time on our website www.jungold.at . You can view your past orders in our customer area. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 3 days or has confirmed the shipment to the customer within 3 days with a second email, express order confirmation or sending of the invoice.
3.4. The product descriptions, in particular images, drawings, descriptions, dimensions and weight data are non-binding insofar as the delivered goods deviate only insignificantly from these details (e.g. due to production). Color deviations of the goods shown on the website are due to technical reasons.
3.5. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.
§4 Prices and shipping costs
4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
4.3. Any customs duties or local taxes must be borne by the buyer.
4.4 The customer can choose from the available payment methods during and before completing the order process.
4.5. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
4.6. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay default interest of 5 percentage points above the base interest rate.
4.7. The customer’s obligation to pay default interest does not exclude the seller from claiming further damages caused by default.
4.8. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if his claims result from the same contractual relationship.
§5 Delivery, availability of goods
5.1. If no copies of the product selected by the customer 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 refrain from accepting the order. In this case, no contract is concluded.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer of this immediately in the order confirmation. If delivery is delayed by 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. In this case, the seller will immediately refund any payments already made by the customer. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.3. Our products are packaged and shipped by our shipping service provider WeShip.
§6 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§7 Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (jungold gmbh, Riedlerweg 29d, 8054 Graz, Austria) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email to office@jungold.at). You can reach us by phone at +43.664.3148661.
You may use the sample cancellation form below, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
The right of withdrawal does not apply to the following contracts: Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
§8 Cancellation form / sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
jungold gmbh
Riedlerweg 29d
8054 Graz
Austria
E-Mail: office@jungold.at
Form
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only if notification is on paper)
_____________________________________________________
Date
__________________
(*) Delete as appropriate.
§9 Defect Law
If own or manufacturer guarantees are granted, the details can be found in the guarantee conditions. If the delivered item is defective, the customer is entitled to the statutory rights within the scope of the warranty/liability for defects, independent of any guarantee. The customer's statutory warranty claims are not restricted by a guarantee. The customer is obliged to check the goods received for obvious defects and to report these to jungold gmbh within 2 weeks of receiving the goods. The timely sending of the notification to jungold gmbh is decisive. If the customer does not comply with the obligation to report defects, warranty claims for these obvious defects are excluded. There is no liability for incompatibilities with the products offered.
§10 Warranty for material defects and guarantee
10.01. The statutory warranty regulations apply.
10.02. A guarantee for the goods delivered by the seller only exists if this has been expressly stated.
§11 Contract Language, Place of Jurisdiction, Applicable Law
11.01. The contract language is exclusively German.
11.02. The place of jurisdiction and performance is the registered office of the seller if the purchaser is a merchant, a legal entity under public law or a special fund under public law.
11.03. The law of the Republic of Austria applies. This does not apply if mandatory consumer protection regulations prevent its application.
§12. Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and §36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: November 2021