Terms and Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Jowen17) via the website https://fof17shop.com/. Unless otherwise agreed, any terms and conditions you may use will be contradicted.
(2) Consumers within the meaning of the following regulations are natural persons who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are stored in the "shopping cart". You can access the "shopping cart" by clicking the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (including using the "back" function of your internet browser), or cancel the information in the order overview.
By clicking the corresponding button ("place order with obligation to pay," "buy" / "buy now," "place binding order," "pay" / "pay now," or similar designation), you legally accept the offer, thereby concluding the contract. (4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Individually customized goods
(1) You provide us with the suitable information, texts, or files necessary for the individual design of the goods via the online ordering system or by email immediately after concluding the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (including copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims made by third parties in this context. This also applies to the costs of legal representation required in this regard.
(3) We do not carry out any examination of the transmitted data for accuracy and do not assume any liability for errors in this regard.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) If we inform you about this before submitting the contractual declaration and it has been expressly and separately agreed, the warranty claims for used goods are excluded if the defect only becomes apparent after one year from the delivery of the goods. If the defect occurs within one year from the delivery of the goods, the warranty claims can be asserted within the statutory limitation period of two years from the delivery of the goods. The above limitation does not apply:
- to damages attributable to us that were caused intentionally or through gross negligence, as well as damages resulting from injury to life, limb, or health;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the goods. (3) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we have informed you of it before submitting the contractual declaration, and the deviation has been expressly and separately agreed between the contracting parties.
§ 6 Choice of law
(1) German law applies. This choice of law only applies to consumers to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer Information
- Identity of the seller
Jonas Engler Einsiedlerweg 21 75428 Illingen Germany Phone: 01629029095 Email: jowen17.business@gmail.com
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
- Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
- Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
- Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and payment terms
5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred that are not attributable to us, such as customs duties, taxes, or fees for money transfers (transfer or exchange rate fees charged by credit institutions) and are to be borne by you.
5.4. You are responsible for any costs incurred in the transfer of funds (transfer or exchange rate fees charged by credit institutions) in cases where the delivery is made to an EU member state but payment has been initiated outside the European Union.
5.5. The available payment methods are displayed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are immediately due for payment.
- Delivery conditions
6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or any other person designated to carry out the shipment.
- Statutory warranty rights
The warranty is governed by the provisions "Warranty" in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers specialized in IT law of the Händlerbund and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service. Last update: January 1, 2022.