Terms & Conditions
To ensure a good relationship.
Terms & Conditions
for the online shop at:
operated by
Julia James | jayjayma.de
Kleinhansdorfer Weg 9
22949 Ammersbek
E-mail: kontakt(at)jayjayma.de
– hereinafter: provider –
Please note: This is a translation of the original German Terms and Conditions provided for informational purposes only; in case of legal disputes, the German version shall prevail.
1. Scope of application
These General Terms and Conditions (GTC) apply, after their inclusion, to all contracts for the purchase of goods, services or other products (hereinafter “goods”) in the online store at the above URL in the version valid at the time of the conclusion of the contract. These terms and conditions apply exclusively. Any differing terms and conditions of the customer will not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop represent a non-binding invitation by the provider to visitors to the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods is made via the provider's online order form. After selecting the desired goods, entering all requested mandatory information and going through all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the provider accepts the customer's offer. The acceptance takes place when the provider confirms the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer or when the provider delivers the ordered goods and these goods are received by the customer or when the provider for payment (e.g. invoice or credit card payment in the ordering process) and the request for payment is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of the conclusion of the contract.
2.3 Before the order is placed via the provider's online order form, the customer can check the information entered and correct it at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will save the contract text after the contract has been concluded and send it to the customer in writing (e.g. by email). The provider will not make the contract text available in any other way.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for off-premises contracts and distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. Details can be found in the revocation instructions, which are made available to every consumer at the latest immediately before the contract is concluded.
4. Payment, late payment
4.1 The prices listed in the online shop at the time of the order shall apply. All prices are inclusive of statutory VAT and exclusive of any shipping costs that may be listed. The customer will be informed about the available payment options in the provider's online shop.
4.2 If advance payment has been agreed, the purchase price shall be due immediately upon conclusion of the contract.
4.3 If “purchase on account/invoice purchase” has been agreed, payment is due immediately after the contract is concluded, unless a different payment term is indicated on the invoice or during the purchase process.
4.4 If “SEPA direct debit” has been agreed, payment is due immediately after the contract is concluded. Before the purchase price is debited, the customer will be informed when to expect the agreed purchase price to be debited (pre-notification). The direct debit will not be debited before this pre-notification has been received and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer shall bear any chargeback fees incurred if the customer is responsible for the failure of the direct debit.
4.5 If payment by credit or debit card has been agreed, the purchase price shall be due immediately after the contract has been concluded.
4.6 If payment via PayPal has been agreed, the purchase price shall be due immediately upon conclusion of the contract. The payment transaction is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.7 If “immediate transfer” has been agreed, the purchase price shall be due immediately upon conclusion of the contract. The payment transaction is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.8 If Giropay has been agreed, the purchase price shall be due immediately after the contract is concluded. The payment process is handled by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Reservation of title
The purchased goods remain the property of the provider until full payment of the purchase price.
6. Delivery and reservation of self-delivery
6.1 Unless otherwise agreed, delivery will be made to the delivery address provided by the customer within the delivery time stated in the online store. The applicable delivery times can be found in the online store.
6.2 The customer is not entitled to collect the purchased goods themselves.
6.3 If the provider cannot deliver the ordered goods because he has not been supplied through no fault of his own, although he has concluded a congruent hedging transaction in good time with a reliable supplier, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of fulfilling the service. Any consideration already provided by the contractual partner will be refunded to them immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of the statutory liability for defects shall apply.
8. Liability
8.1 Der Anbieter haftet unbeschränkt:
- for damages resulting from injury to life, limb or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- on the basis of a guarantee promise, insofar as no other arrangement has been made in this regard;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the previous paragraph. Material contractual obligations are obligations that the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely.
8.3 In all other respects, the liability of the provider and the liability of his agents and legal representatives is excluded.
Privacy Policy
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the provider's data protection declaration.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with a habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his or her country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider is responsible, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a residence within the European Union. The registered office of our company can be found in the heading of these terms and conditions.
10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The European Commission provides a platform for online dispute resolution, which can be accessed via the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found at the top of these terms and conditions.