Terms and Conditions
The following terms and conditions are applicable to all orders which the customer (hereinafter called “you”) places with Heinen Lovebrands GmbH, HRB 14585, Hafenweg 26A, 48155 Münster, hereinafter called “Jo & Judy“, “us“ or “we“ in the online shop on the website www.joandjudy.com or onlineshops of third parties who cooperate with us. Contradictory terms and conditions by the customer shall not apply and are hereby disagreed with. According to these GTC, customers are only natural persons who conclude a purchase contract with us for purposes which mainly can neither be ascribed to their industrial nor their independent professional activities (consumers).
The products in our online shop are directed at consumers and are intended for private use only. Commercial use is prohibited and permitted only with our consent. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose which can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB), but to their private life. You consent to the validity of these terms and conditions if you confirm this during the ordering process. Therefore, we ask you to read these terms and conditions carefully before you place an order. Even after the conclusion of the contract you may retrieve this information at any time at http://www.joandjudy.com/agb. In addition, we will send you these terms and conditions together with the order confirmation by e-mail.
2. Operators of Jo & Judy
The webshop www.joandjudy.com is operated by:
Heinen Lovebrands GmbH
HRB 14585, Münster registry court
Management: Christina Götz, Alexander Karsties, Jennifer Karsties
Tax Number: 336/5858/1407
Place of jurisdiction: District Court of Münster
3. Conditions for the conclusion of the contract
The Jo & Judy offer includes the purchase of goods (stationery, postcards, gift items) on the one hand and the purchase of digital contents for downloading on the other hand. Minimum requirements for the conclusion of a contract We do not offer products for purchase by infants. If you are not 18 years old, you may use our webshop in cooperation with a parent or a guardian only. You may place orders through our website or a website of third parties with whom we cooperate, exclusively as a consumer and not as a commercial reseller. We provide a separate portal and separate GTC for commercial resellers.
4. Formation of a contract with Jo & Judy
Conclusion of a purchase contract for goods
Please note that all information on the website are not an offer for concluding a contract. Rather, they are a request to you to submit an offer for the conclusion of a contract. To place an unbinding offer for the conclusion of a purchase contract, you have to go through the ordering process of our online shop. You consent to place a binding offer by clicking the “Buy” button after you have put the selected product into the virtual shopping cart and gone through the ordering process. The ordering process is thus completed. It may occur in individual cases that certain products shown on our website are not available. A detailed view of the respective product provides a corresponding note on the availability of the product. If the product which you selected for an order is not available, you cannot place it into the shopping cart and therefore not make an offer to us for a purchase contract. Please note that we sell all products in common household quantities only. Once you have placed your order in this way, you will receive an order confirmation from us by e-mail. We accept your offer by sending your order. Make sure that the e-mail address specified by you for the handling of the order is correct so that you can receive our order confirmation at this address. When using SPAM filters, make sure in particular that all e-mails sent by us can be delivered.
5. Conclusion of a purchase contract for digital contents for downloading.
You consent by submitting an offer of your order for the purchase of digital contents available for downloading. Our order confirmation is an acceptance of your offer.
6. Shipping and Delivery
The prices as mentioned on the product pages www.joandjudy.com include the legal value-added tax and other price components.
We deliver only within Germany and Europe and some selected countries worldwide.
The shipping costs are detailed in the shopping cart system and on the order page and are divided into the following shipping classes:
Countries and Costs
Germany: 4,90 €
Iceland: 15 €
Europe (EU + Norway, Switzerland): 9,50 €
Ukraine: 20 € Turkey, Israel: 30 €
Canada, Philippines, Thailand, Malaysia: 40 €
Germany: all orders exceeding 50 €
Europe: all orders exceeding 100 €
Worldwide: all orders exceeding 175 €
There are no shipping costs for digital content (e-books, software, etc.)
DHL Express (only available within Germany): 13,50€
7. Payment Methods
The possible methods of payment are a payment via Paypal, an advance payment and credit card payment. It is not possible to buy a reduced gift voucher with a previously purchased (reduced) gift voucher in the Voucher Sale. Our digital products cannot be purchased with gift voucher codes.
If you choose the Paypal payment, by clicking the “Buy” button you simultaneously place the payment order with your payment service provider (Paypal). The invoice amount will be debited from your Paypal customer account after you have received our order confirmation.
If you choose a bank transfer, the following is applicable: You have to transfer the entire purchase price for your entire order to our account not later than 10 days from the conclusion of the contract.
Heinen Lovebrands GmbH
Volksbank Münsterland Nord
IBAN: DE32 4036 1906 7209 9249 00
8. Delivery of ordered goods
If you buy several items on the basis of a uniform order in our online shop or in online shops of third parties who cooperate with us, you will receive all of these items within the scope of a uniform delivery. If you buy several items within the scope of a uniform order, we will deliver them only after you have paid the purchase price for all ordered goods to us.
When purchasing digital products from us, you’ll receive the link to your download immediately via mail. The statutory cancellation period of fourteen (14) days does not apply in this case. Before placing your order, you will be informed regardingly and asked to accept those terms.
9. Provision of download links
You may choose whether we are to send you the download link immediately or after the expiration of your cancellation term of 14 days since the day of the conclusion of the contract.
If you wish to place the digital contents for downloading into the virtual shopping basket you have to tick one of these alternatives off by a mouse click to exercise your pertaining right of option.
Please note that your legal power of cancellation expires if you expressly consent to the immediate delivery of the download link prior to the expiration of the cancellation term and confirm your knowledge of the extinction of power of cancellation. We again refer to the detailed view of the respective product and the shopping cart. Clicking “Immediate delivery prior to the expiration of the cancellation term” you acknowledge your definite agreement and your knowledge that your power of cancellation will expire.
We will not send you the download link for the digital contents ordered by you to your specified e-mail address unless you have paid the complete purchase price. You are responsible for the correctness of the e-mail address specified by you.
If you buy goods and digital contents within the scope of a uniform order, we will send you the download link as soon as you have paid the purchase price for the respective digital contents.
Your legal power of cancellation (cancellation instructions)
10. Power of cancellation
You may revoke this contract within fourteen days without giving reasons. The cancellation term is fourteen days, starting on the day when you or a third party, who is specified by you and is not the forwarder, has taken possession of the goods. If you ordered several goods within the scope of a uniform order and they are delivered separately by us for any reason, the term shall start on the day when you or a third party, who is specified by you and is not the forwarder, has taken possession of the last good.
To exercise your power of cancellation, you have to inform us about your decision to revoke this contract in a unambiguous declaration (e.g. a letter sent by the postal service or by e-mail). To this effect, you may use the enclosed sample cancellation form. However, this form is not mandatory.
Please send your declaration to the following address:
Heinen Lovebrands GmbH (JO & JUDY)
You may declare your cancellation by e-mail to email@example.com as well. Please specify in your email your name, the name of the respective items, your order number as well as the date of the conclusion of the contract and the date on which you received the items.
To comply with the cancellation term, it will be sufficient to send the message for exercising the power of cancellation prior to the expiration of the cancellation term.
Please note that your legal power of withdrawal expires once you have explicitly consented that we shall send you the download link for digital products before the expiration of the statutory revocation period. You also have confirmed that you will lose your right of revocation with the start of sending. Your explicit consent to the immediate sending of the download link and your corresponding confirmation will be given to us by clicking on the corresponding button in the shopping basket "I explicitly agree that Heinen Lovebrands GmbH shall begin to execute the contract before the expiry of the revocation period. I confirm that I have taken note of the fact that by giving my consent, I lose my right of revocation with the commencement of the execution of the contract".
CONSEQUENCES OF THE CANCELLATION
If you revoke this contract, we will have to refund all payments received from you including the delivery costs (except for the additional costs arising from the fact that you selected another type of delivery and the most favourable standard delivery offered by us) immediately and not later than fourteen days from the day on which we received the notice of your cancellation of this contract.
For the repayment we use the same payment methods you used for the original transaction unless otherwise agreed with your expressly. In no case will you be charged for this refund.
But we may refuse a refund until we have received the goods back or you provide evidence that you have returned the goods, depending on which is the earliest. Customized products can not be returned or refunded in any way. You have to return the goods immediately and in each case no later than within fourteen days from the day when you informed us about the cancellation of this contract.
The goods will be returned to the following address:
Heinen Lovebrands GmbH (JO & JUDY)
The time period is deemed complied with if you sent the goods prior to the expiration of these fourteen days.
However, you will also have to pay the immediate costs for returning the goods.
You only have to be responsible for a possible loss of value of the goods if this loss of value is caused by your handling which is not necessary for examining the quality, properties or function of the goods.
Please use this cancellation form.
END OF THE CANCELLATION INSTRUCTIONS
11. Reservation of self-supply, right of cancellation
The stationery designed by us is printed by our contractual partners and delivered to our stock. We selected these suppliers carefully.
If a product as ordered by you is not available due to our supplier failing to deliver without our fault and despite their contractual obligations, we are entitled to cancel the contract.
In this case we will inform you immediately about the non-availability of the product. If you have already paid the purchase price, we will refund this purchase price using your chosen payment method.
Your right to exchange for reasons of goodwill in addition to your legal cancellation right and your legal warranty claims and rights.
12. Exclusion of the right or return.
If you return the goods after the expiration of this exchange period, we will refuse them and not send you a virtual voucher for our online shop.
Also, we will refuse acceptance of the returned goods and not send a virtual voucher for our online shop prior to the expiration of the return period if the goods are not returned in the same condition as on delivery to you.
This means that your right to return is excluded if:
- Individual sheets from the stationery ordered by you and delivered to you have been torn out, covered with writing or have been damaged or soiled in another way.
- The envelopes as ordered by you are covered with writing, soiled in another way or damaged and not all envelopes of the respective envelope set as ordered by you are not returned.
- The postcards as ordered by you are covered with writing, soiled in another way or are damaged or
- A writing set has been used or damaged in a way exceeding the mere examination of the usability.
- If you buy several products at a total price within the scope of a uniform order, we will refuse an acceptance of these products and will not send a voucher for our online shop if just one product of this gift set is not in a condition which the respective product had at the time of delivery.
- If you bought a gift set, we will refuse an acceptance of these products and will not send a voucher for our online shop if just one product of this gift set is not in a condition it had at the time of delivery.
- If we refuse acceptance of the returned goods and do not send you a voucher for our online shop, we will return the goods to you again at our expense.
We reserve all copyrights and other rights to our website as well as the published contents, information, images, videos, data bases and downloadable files offered in the online shop for sale (hereinafter called “protected property”). A modification, reproduction, publication of the protected property is expressly prohibited without my previous written consent.
14. Choice-of-law clause
All our services are subject to German legislation, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of your country of residence remain unaffected by the choice of law.
15. Instruction on online dispute settlement
The EU Commission provides a platform for an online dispute settlement (OS platform): http://ec.europa.eu/consumers/odr/. We are making an effort to settle potential disagreements regarding our contract consensually. Furthermore, we are not obligated to take an active part in an arbitration and do not offer such procedures ourselves. If you’d like to file a complaint, please contact us directly via mail: firstname.lastname@example.org
16. Sample cancellation form
Please use this cancellation form if need be.
17. Severability Clause
If any one or more provisions of this Ordinance shall for any person or circumstance be held to be invalid or unenforceable, such decision shall not affect the validity of any other provision or application of this Ordinance.