Conditions

General Terms and Conditions of

Jovarte.de

Welcome to Jovarte!

§ 1 Scope and provider

(1) The General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) govern the sale of products to you by Johanna Geiß (sole proprietorship), Hertleinstraße 45, 91052 Erlangen (hereinafter referred to as provider), in the version valid at the time of the order.

(2) Differing terms and conditions of the customer will be rejected.

(3) Please read these conditions carefully before placing an order to Johanna Geiß (sole proprietor), Hertleinstraße 45, 91052 Erlangen give up. By placing an order Johanna Geiß (sole proprietor), Hertleinstraße 45, 91052 Erlangen, you agree to the application of these General Terms and Conditions to your order.

(4) On Jovarte we offer the sale of the following products:

Vintage interior and art

§ 2 Conclusion of the contract

(1) Contracts on this portal can be concluded in German and English.

(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:

Worldwide.

For individual bulky items, the possible delivery addresses and delivery location may be limited; the restriction is stated in the respective list price.

(3) The customer must be 18 years of age or older.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is simply invited to make an offer.

(5) Your order represents an offer to Jovarte to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the "buy" button in the last ordering step.

(6) The purchase contract between the provider and the customer is only concluded through a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either by sending the goods or by sending a shipping confirmation by email. Please note that confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.

(7) The effectiveness of contracts for quantities larger than normal household quantities as well as the commercial resale of the purchased item requires express confirmation from the provider. This applies both to the number of products ordered within one order and to placing multiple orders for the same product, where the individual orders contain a standard household quantity.

(8) Your orders will be saved by us after the contract has been concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order details.

(9) Access to the Jovarte service requires registration.

(10) By registering, the customer accepts these General Terms and Conditions. When you register, a contractual relationship arises between Jovarte and the registered customer, which is governed by the provisions of these General Terms and Conditions.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory VAT and do not include flat-rate shipping costs or shipping surcharges. The shipping surcharges vary depending on the delivery method and the nature of the item.

(2) Despite our best efforts, a small number of the products in our catalog may be mispriced. We verify prices when we process your order and before charging payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you would like to purchase the product at the correct price or cancel the order . If a product's correct price is lower than our stated price, we will charge the lower amount and ship the product to you.

(3) The prices at the time of the order apply. If list prices are available, the list prices valid at the time of the order apply.

(4) To use Jovarte, you must first register.

(5) If the user wishes to use a paid service, he or she will be informed in advance of the obligation to pay. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(6) The provider reserves the right to calculate different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.

§ 4 Delivery and cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by Jovarte (e.g. on the respective product detail page). We would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.

(2) If Jovarte discovers that the products you ordered are not available while processing your order, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.

(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address specified by him, even though the delivery time is reasonable for the customer If the deadline has been announced, the purchaser will bear the costs for the unsuccessful delivery.

(4) Delivery depends on the customer's payment method. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring credit institution. If you pay by Paypal, credit card, gift card, direct debit, instant transfer or invoice, delivery will take place after the contract is concluded.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is S Johanna Geiß (sole proprietor), Hertleinstraße 45, 91052 Erlangen . Regardless of your right of cancellation, you can cancel your order for a product free of charge at any time before you receive the associated shipping confirmation.

(6) This right to cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g. a CD or DVD), provided that the download or use (whichever is the case). the earlier date is ) has begun.

§ 5 Customs

(1) If you order products from Jovarte for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional customs clearance charges must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information.

(2) Furthermore, please note that when ordering from Jovarte, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information please read our customs information.

§ 6 Payment terms

(1) Any applicable fee must be paid to ANNURAH in advance at the time it is due without deduction.

(2) The customer can pay for the goods using the following payment methods:

-Paypal

- Credit card

- Gift card

- Direct debit:

In the event of a return debit for which the purchaser is responsible , Johanna Geiß (sole proprietorship), Hertleinstraße 45, 91052 Erlangen will collect the charge a flat-rate compensation of €8 (eight euros). The customer can prove that no damage occurred at all or that it was significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods sold by third-party providers.

- Instant bank transfer

- Payment in advance

(3) Certain payment methods can be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the goods or services by sending cash or checks.

(5) If the customer chooses an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.

(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

(7) If the provider offers payment by credit card and the customer chooses this payment method, he expressly authorizes the provider to collect the amounts due.

(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues the provider a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or incorrect bank details, the customer must bear the costs.

(9) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any cash discount.

(10) If the customer defaults on payment, the provider reserves the right to claim damages for the delay.

§ 7 Registration and cancellation

(1) The customer further declares that he and, to his knowledge, no member of his household have a criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§§ 174 ff. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement ( §§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.

(2) A user is entitled, subject to reservation, to unsubscribe in writing by post, email or telephone at any time without giving a reason. At the same time, you have the option of deactivating it completely and yourself within the data and settings in the user account. The previously concluded contractual relationship is thus ended.

(3) If a user has registered for a paid service, he or she can cancel at least 14 days before the booking period. If this deadline is not met, the paid service will be extended by this amount depending on the booking time selected and the termination will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email or letter and will be confirmed by us in writing. In order for your cancellation to be assigned, the customer's full name, email address and address should be provided. In the case of cancellation by telephone, the individual telephone password is required.

(4) Jovarte may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. ANNURAH further reserves the right to remove profiles and/or any content published on the website by or by the user. If ANNURAH terminates the user's registration and/or removes the user's profiles or published content, ANNURAH has no obligation to inform the user about the reason for the termination or removal.

(5) Following any termination of any individual use of Jovarte's services, Jovarte reserves the right to send information about this to other registered users with whom Jovarte assumes that they have been in contact with the user. Jovarte's decision to terminate the user's registration and/or to notify additional users with whom Jovarte assumes that the user has been in contact does not imply or in no way state that Jovarte makes any statements about the individual character, general reputation, or personal characteristics meets the lifestyle.

(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information may result in civil legal action. In such a case, the operator also reserves the right to terminate the existing contractual relationship with immediate effect.

(7) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining contract term in the amount of the agreed fee less the saved expenses. The amount of expenses saved is set at a flat rate of 10% of the salary. Both contracting parties are free to prove that the damage and/or the saved expenses are actually higher or lower.

(8) After termination of the contractual relationship, all of the user's data will be deleted by Jovarte.

§ 8th Offsetting and right of retention

(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 9 Retention of title

Johanna Geiß (sole proprietor), Hertleinstraße 45, 91052 Erlangen reserves ownership of the goods until full payment has been made.

§ 10 Transport damage

(1) If the customer receives the goods with obvious transport damage, the provider requests that he complain about this as quickly as possible.

(2) If the customer fails to file a complaint, this will have no consequences for the statutory warranty rights. The purpose of the complaint is for the provider to be able to assert its own claims against the carrier.

§ 11 Defects law

(1) If the customer is a consumer, the warranty and liability for defects of the purchased item delivered is based on the legal regulations: Accordingly, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from delivery of the goods and may request repair or replacement of the products purchased on Jovarte if they prove defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect will be remedied by new delivery or new fulfillment.

(4) If the customer is not a consumer, the limitation period is one year. This does not apply to claims for damages and reimbursement of expenses that are asserted for compensation for damage to body and health or due to intent or gross negligence.

§ 12 Limitation of liability (products)

(1) The provider is liable for claims for damages from the customer resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as for other damages that are due to their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.

(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.

(3) The provider is liable for violations of essential contractual obligations that are based on foreseeable damage typical of the contract, provided that the damage was caused simply by negligence. This limitation does not apply to the customer's claims for damages based on injury to life, body or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that Jovarte's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 13 Place of jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

(3) The EU Commission has set up an internet platform for the online resolution of disputes (“OS platform”) between entrepreneurs and consumers. The OS platform can be accessed at https://ec.europa.eu/consumers/odr/

§ 14 Final provisions

(1) The contract language is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Jovarte with the involvement of a parent or guardian.

(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The conditions of sale, contractual conditions and general terms and conditions in force at the time of your order will apply to your order, unless a change to these conditions is required by law or by official order (in which case they will also apply to orders which you have previously made). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this case occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.