Terms and Conditions
§1 Scope & Consumer Information
We (Paula Janz Maternity, owner Paula Janz) execute your order according to our terms and conditions valid at the time of order. The AGB of Paula Janz Maternity, owner Paula Janz (we) in its current version are available on our website www.paulajanz.com under the heading „AGB“. For the entire business relationship, our AGBs apply exclusively.
The German language is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign business transactions.
Your contract and order data as well as the text of the contract will be stored by us, di- rect access is not possible for security reasons. However, you have the possibility to log in on our homepage with your user name and your password during the ordering pro- cess, and thus to access your profile, your address, and edit it if necessary. Your perso- nal access data is intended only for you and must not be disclosed to third parties.
During the ordering process on our homepage, before you click on „Pay now“ or „Pay now“, you have the possibility to recognize and correct input errors before submitting the contract declaration by clicking on the button „Review Order“.
Registration is only permitted for natural persons and partnerships as well as legal en- tities with unlimited legal capacity. Minors may not register. The registration of a legal entity may only be carried out by a natural person authorised to represent the legal entity, who must be named.
When completing the registration application, you must give true, accurate, current and complete information as prompted by the registration forms. In the event of incomplete registration of member accounts or in the event of untrustworthy or incorrect informati- on, we reserve the right to refuse a member‘s registration, to cancel it immediately or to delete the member account after a reasonable period of time.
§3 Conclusion of contract
Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not represent a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage, you make a binding offer to conclude a purchase contract for the desired goods by clicking the button „Pay now“ or „Pay now“. We are entitled to accept your offer within 14 calendar days by sending a confirmation of contract (by post or e-mail) and by executing the order. If your offer is not accepted by us within 14 calendar days, the offer will be deemed rejected. No con- tract of sale is concluded for products that are not listed in the order confirmation.
We deliver goods in stock within 1-5 working days after your order via DHL. For ship- ments outside the Federal Republic of Germany and within the EU, delivery regularly takes 5-14 working days for available goods. For shipments outside the EU and to non- European countries, the delivery time depends on the shipping method (air mail / land / sea) and the recipient‘s location. Extended delivery times may occur during our sum- mer or winter break. This will be visibly marked in the upper part of the website (An- nouncement Bar).
If you order a product that was not available according to the article description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessa- ry, suggest the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will immediately refund any payments already made. Also in this case you have the right to withdraw from the con- tract.
We shall be entitled to make partial deliveries or render partial services, provided that this does not unreasonably prejudice any conflicting interests. If a partial delivery is made, we will of course bear the additional shipping costs. No further costs arise for you.
The delivery time will be extended appropriately if the delivery is affected by force ma- jeure. Force majeure shall in particular include subsequent material procurement dif- ficulties, riots, strikes, lock-outs, operational disruptions, fire, natural disasters, transport obstructions, changes in legal regulations, official measures or ordinances or the occur- rence of other unforeseeable events which are beyond our control and which, from an objective point of view, have not been caused by our fault. Should one of the above- mentioned cases occur, we will inform you immediately. If the obstacle to performance in the above-mentioned cases persists for longer than four weeks, you are entitled to withdraw from the contract. In this case, there are no further claims, in particular for damages. This does not apply in cases of intent or gross negligence, in the case of warranties or in the case of violation of essential contractual obligations due to simple negligence or if liability is mandatory for legal reasons in the case of contract-typical foreseeable damages.
§5 Right of withdrawal
Consumers have a statutory right of withdrawal. In the following, we will inform you about the scope and form of this right of withdrawal.
Note: Please note that we have drawn up the following revocation instruction according to the sample text of the legislator.
Right of withdrawal
(1) You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party na- med by you, who is not the carrier, have taken possession of the goods or, in the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.
(2) In order to exercise your right of revocation, you must send us
Paula Janz Maternity, owned Paula Janz, Choriner Str. 32, 10435 Berlin, Germany Phone: +(49) 30 41 71 70 16
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notifica- tion of the exercise of the right of revocation before the end of the revocation period.
(3) Model revocation form
- To Paula Janz Maternity, owner Paula Janz, Choriner Str. 32, 10435 Berlin, phone: +(49) 30 41 71 70 16, e-mail: email@example.com:
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 consumer(s)-Address of consumer(s)-Signature of consumer(s) (only in case of notification on paper)-Date_______________
(*) Delete as applicable.
(4) Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have recei- ved from you, including delivery charges (except for the additional costs resulting from your choosing a different method of delivery from the cheapest standard delivery we offer), immediately and no later than fourteen days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund until we have received the goods 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 immediately and in any case within four- teen days at the latest from the day you inform us of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only be liable for any loss of value of the Goods if such loss of value is due to handling of the Goods which is not necessary to examine the nature, properties and performance of the Goods.
End of the revocation instruction
§6 Return costs when exercising the right of withdrawal
You have to bear the costs of the return shipment when exercising your right of revocation.
All prices are in Euro and include the legal value added tax. Postage and shipping costs are added according to the following list under § 8.
§8 Shipping costs and return costs (domestic and foreign)
Here you can find all information about the return costs and postage and shipping costs for deliveries
a) within the Federal Republic of Germany: 4.90 EUR
b) to the following EU countries:
Zone 1) 10,50 EUR: Austria, Belgium, Denmark (except Faroe Islands and Greenland), Finland, France, Italy, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Sweden, United Kingdom, Iceland, Monaco
c) countries outside the EU: Zone 2) 12,50 Euro Switzerland
d) For deliveries of goods outside the European Union, import duties (customs duties) may apply. We do not pay for any customs duties that may be incurred (we will also not pay for return costs).
§9 Terms of payment
We accept the following payment methods: PayPal and credit card.
All payments are to be made without deduction to Paula Janz Maternity, owner Paula Janz. A payment shall only be deemed to have been made when we can freely dispose of the amount.
§10 Warranty & Liability
The warranty is based on the statutory provisions. In case of complaints, we ask for proof of the date of purchase by means of an invoice and sending the item complained about together with a copy of the invoice to Paula Janz Maternity, Inh. Paula Janz, Cho- riner Str. 32, 10435 Berlin. Normal wear and tear of the goods do not constitute a war- ranty claim.
You have the right of supplementary performance as well as the right to withdraw from the contract or to reduce the purchase price to the extent provided for by law. In case of supplementary performance we can choose between free removal of defects or replacement (after performance). If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract according to the law. We are authorized to make two attempts to rectify the defect. If one type of supplementary performance is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance.
We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or impro- per repair by an unauthorised service partner.
Minor deviations in colour, design and form do not constitute a defect, provided that the quality and price of the delivered goods correspond to the ordered goods.
Any further claims, in particular for consequential damages, are excluded. This shall
not apply in the case of intent, gross negligence or breach of material contractual ob- ligations on our part, nor in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on who- se compliance you regularly trust and may trust.
The risk of accidental loss and accidental deterioration of the goods in the case of mail- order purchases is transferred to you or a recipient selected by you upon delivery of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusi- vely for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover of the goods to the shipping person.
We exclude our liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damages caused in any other way, we shall be liable for intent and gross negligence, including that of our vica- rious agents, in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health. In the case of negli- gently caused material and financial damages, we and our vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those who- se fulfilment characterises the contract and on which the customer may rely.
Please follow the washing instructions which you will find on the labels of the articles. If care instructions are not followed correctly, if changes are made to the products or if care materials are used which we have advised against using, or which we have ex- pressly declared to be incompatible with the items or which do not meet at least ave- rage quality standards, there is no warranty.
§12 Reservation of title
The delivered goods remain our property until full payment has been made.
§13 Data storage
We adhere strictly to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisi- ons of the German Federal Data Protection Act (BDSG) for processing your order. We store your order and address data for use within the scope of order processing (also by transmission to the order processing partners or shipping partners used), for possible warranty cases and for product recommendations to customers in accordance with the content of our data protection declaration and the applicable laws on data protection.
§14 Right of objection according to the Federal Data Protection Act (BDSG)
As a person affected, you have a right of objection according to the BDSG regarding the use or transmission of your data for advertising purposes (blocking indicator), if you have given us your explicit consent beforehand.
In addition, there is a right to information and, under certain conditions, a right to cor- rection, blocking and deletion of your data stored in one of our files. Further informa- tion or explanations on data protection can be obtained from the company data protection officer of Paula Janz Maternity, owner Paula Janz, Choriner Strasse 32, 10435 Berlin, whom you can contact by e-mail at firstname.lastname@example.org. Please contact the data protection officer if you wish to exercise your right of objection under the BDSG.
§15 Applicable law
All disputes arising out of or in connection with this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
The standards of the German Civil Code (BGB) and the Introductory Act to the German Civil Code (EGBGB) mentioned here and applicable to the contract can be found for you on the Internet at www.gesetze-im-internet.de/bgb/ and www.gesetze-im-internet. de/bgbeg/.
The place of jurisdiction for all claims arising from or based on this business relation- ship, including those arising from bills of exchange and cheques, is Berlin, provided you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to take legal action at the court having jurisdiction for your registered office.
§16 Final provision
The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavour to achieve the economic success intended by the invalid provi- sion in another, legally permissible manner.
§17 Supplier Information
Paula Janz Maternity, proprietor Paula Janz, Choriner Str. 32, 10435 Berlin +(49) 30 41 71 70 16
Status: 25 May 2020
Paula Janz Maternity, owner Paula Janz.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG: The European commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.