General Terms and Conditions (GTC)
§ 1 Scope and Provider
These general terms and conditions apply to all orders that you place at Julie Jolie | Photo & Art, Raamstieg 9, 22397 Hamburg, under www.julie-jolie.de.
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions.
The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted. The language of the contract is exclusively German.
You can call up and print out the currently valid terms and conditions on the website at https://www.julie-jolie.de/en/general-terms-and-conditions/.
§ 2 Conclusion of Contract
The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. By clicking the button “Order with obligation to pay” you are submitting a binding purchase offer (§ 145 BGB). After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
A purchase contract for the goods is concluded as soon as we expressly declare our acceptance of the purchase offer or when we send the goods to you – without a prior express declaration of acceptance. When the goods are dispatched, you will receive an automatically generated e-mail (dispatch confirmation) in which the goods sent are listed.
Your orders will be saved by us after the conclusion of the contract in accordance with legal requirements. If you lose your documents for your orders, please contact us. We will be happy to send you a copy of the details of your order.
§ 3 Prices
The prices quoted on the product pages include the applicable statutory value added tax and other price components and do not include the respective shipping costs. The prices at the time of the order apply. Special offers in our online shop can be limited in time or quantity. Details can be found in the product description.
The shipping costs for deliveries to Germany and Austria are flat-rate.
The delivery of ordered goods is subject to the availability of the goods. If this is not available at the time of the order, the customer will receive notification of the expected delivery date and the order will be reserved by us. As soon as the goods are in stock, they are sent to the customer without any further notification being made to the customer.
§ 4 Reservation of Proprietary Rights
The goods remain our property until the purchase price has been paid in full. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you will incur from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
§ 5 Transport Damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 6 Warranty
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB). If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 7 Liability
Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people. In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance you can regularly rely. The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 8 Terms of Payment; Default
Payment can be made either by PayPal or in advance.
§ 9 Offsetting / Right of Retention
You are only entitled to offset if your counterclaim has been legally established or is not disputed by us. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 10 Delivery
Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have given. Deliveries are possible to the following countries: Germany, Austria, Switzerland, France, the Netherlands, Belgium, Denmark, Sweden, Great Britain (GB / UK), Spain, Italy, the Russian Federation, Finland, Ireland, Luxembourg, Portugal and Hungary. If you want a delivery to another country, we will try to help you.
Unless otherwise indicated in the product presentation, the delivery time within Germany is 1-3 working days, to other European countries and Switzerland 2-5 working days. When shipping to non-European countries, the delivery time depends on the type of shipping (airmail / land / shipping) and the respective recipient location and is 5-15 working days.
The delivery of the ordered goods with the payment method in advance only takes place after the full purchase price has been credited to our account, whereby the reservation period for the ordered goods is a maximum of 14 calendar days.
§ 11 Final Provisions
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
German law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). If you are a consumer, this choice of law only applies to the extent that it removes the non-mandatory consumer protection regulations of the state in which you have your domicile or habitual residence at the time of the order.
If you are a merchant (a merchant in the sense of the HGB – whoever operates a trade or who is classified as a merchant for other legal reasons in the HGB), or a legal entity under public law or a special fund under public law, Hamburg is the place of jurisdiction for all disputes or in connection with contracts between us and you. We do not take part in a dispute settlement procedure before a consumer arbitration board.
Photography is my fervour, my passion. To cite Mark Twain “Enjoy your doing, and you will never have to work a day in your life.”. This feels great!