Terms & Conditions
§ 1 General
JONDRAL GmbH & Co. KG (hereafter referred to as "Michael Jondral")
Local Court Register Number: HRA 200569
With its General Partner: Jondral Geschäftsführungs GmbH
Managing Partners: Bettina Jondral, Michael Jondral
Local Court Register Number : HRB 201530
operates an online shop (hereafter referred to as "online shop") and the corresponding sub-pages under the URL www.michaeljondral.com. All orders via the online shop, as well as goods delivered and services rendered by us, are exclusively subject to these General Terms & Conditions in their most current version at the time of the order. We do not recognise deviating provisions by the purchaser, unless we have consented to their applicability at least in a written form. The online shop is designed for orders by consumers. Merchants may also gladly place orders, the commercial reselling of the acquired merchandise, however, is prohibited.
§ 2 Cancellation Information for Consumers as Defined by Section 13 of the German Civil Code (BGB)
You have the right to cancel this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day that you or the third party nominated by you, who is not the carrier, took possession of the last goods.
In order to exercise your cancellation rights, you must inform us (JONDRAL GmbH & Co.KG, Theaterstr. 13, 30159 Hannover, Telefon 0511/1697700, Telefax 0511/1697700, firstname.lastname@example.org) with an unambiguous statement (e.g. letter sent by postal mail, fax or email) about your decision to cancel this contract. You may use our Sample Cancellation Form form, however it is not mandatory.
To meet the cancellation period, it is sufficient to send a notification about the exercise of the cancellation rights before the end of the cancellation period.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, then we must immediately, or at the latest within fourteen days after the day on which the notification of your cancellation of the contract was received by us, pay back to you all payments which we have received from you, including the delivery costs (with exception of any additional costs which resulted from your selection of a different type of delivery to the cheapest standard delivery offered by us).
For this repayment, we will use the same payment method which you used in the original transaction, unless it is expressly agreed otherwise with you; in no case will this repayment result in the payment of compensation. We may refuse this repayment until we have received the returned goods or you have provided evidence that the goods have been sent back, depending on which occurs first.
You must immediately, and in any case at the latest within fourteen days from the day on which you informed us of the cancellation of the contract, send back or return the goods to us (JONDRAL GmbH & Co.KG, Theaterstr. 13, 30159 Hannover, Germany)
The time period is observed if you send the goods before expiry of the fourteen day time period. The customer bears the return costs for the return of the goods.
You must only compensate us for any diminished value of the goods if this loss in value can be ascribed to an unnecessary handling of the goods carried out by you when testing the condition, properties and functionality of the goods.
According to statutory regulations, the cancellation right does not apply in case of:
- contracts for delivery of merchandise that is not pre-manufactured and the production of which requires an individual selection or specification by the consumer or which is clearly tailored to the individual requirements of the consumer.
Furthermore, the cancellation right expires in case of:
- contracts for the delivery of sealed merchandise that is not suitable for return for reasons of health protection or hygiene, if the seal has been removed after delivery.
§ 3 Important Notices
1. The goods offered in the online shop are presented in the form of digital photographs based upon the actual existing products. Slight deviations between the presentation and reality do not constitute defects of the ordered merchandise.
2. The presented products may not necessarily be available when you visit our online shop. Furthermore, in seldom cases, prices may be revised within the order process.
3. Michael Jondral is entitled to make partial shipments.
§ 4 Conclusion Of Contract
1. By sending us the order form in our online shop, you submit a binding offer to conclude a contract with us for the ordered products ("Your contract declaration"). You place this order when you send us the filled-in order form by pressing the "Complete order now" button. A contract is concluded between you and Michael Jondral with the transmittal of an acceptance via email within a reasonable period, and in the unlikely event you do not receive this, with the timely dispatch of the merchandise to you.
2.Please note that immediately upon transmitting your order, a confirmation on the receipt of your order is sent to you. This email does not constitute the acceptance of your offer but is merely intended as confirmation that we have received your order.
3. Michael Jondral is authorised to reject your order, especially if there is reason to suspect that the merchandise purchased via our online shop is intended to be commercially resold.
§ 5 Storage of the Contract Body
We will store your order details. You will receive a confirmation receipt for your order via email, including the cancellation information that you may print out and save.
§ 6 Delivery & Shipping
1. Michael Jondral ships its products within Germany via DHL Paket or DHL Express. Pick up in-store is possible as well. The transport risk lies with the shipper. For shipments to all other countries, delivery is made exclusively via DHL.
2. The merchandise is ready for shipment no later than on the day following your order. Unless otherwise agreed with you, delivery occurs from the warehouse within 1-5 working days (see below list) to the delivery address you have specified, depending upon the selection of the shipping type and the point of delivery. Due to unforeseen events, e.g. strike, there may be delays in delivery in exceptional cases.
3. Shipping Costs:
National from 50€ value of goods: free shipping
National up to 50€ value of goods: EUR 10
International EU: EUR 15
International NON-EU: EUR 25
4. Deliveries to non-EU countries, Deliveries Subject to Customs Duties
For deliveries to non-EU countries, the article prices stated are net prices, i.e. the sales prices exclusive of 19% VAT. The delivery time to countries subject to customs duty takes two to four working days, depending on the shipping type and destination. We wish to point out that we bear the costs for door-to-door shipping, the insurance of the merchandise, as well as all costs for accompanying documents. For deliveries to countries outside of the European Union, other costs may be incurred, in such individual cases Michael Jondral is not responsible for the costs and these shall be borne by the customer.
These include costs for money transfers through banks (e.g. foreign bank charges, bank transfer fees, exchange rates) or import duties and/or taxes (e.g. customs duties). Such costs may also be incurred if the payment is not made within a country in the European Union, but rather the customer makes a money transfer payment from a country outside of the European. Any payable import sales tax, along with any customs fees, are collected from the recipient by the shipping company (respective partner forwarding agent in the delivery country). Please note that in case of a return it is not the responsibility of Michael Jondral to refund any additional incurring costs such as customs duties or import sales taxes.
§7 Payment, Delays in Payment
You may pay your order with Michael Jondral with PayPal and credit card.
Please note that some banks charge additional fees for international transfers or services, which you must bear. Such charges do not come from Michael Jondral and should be clarified beforehand with your bank.
All payments and credit notes will be handled in the currency chosen for the purchase (EUR). Michael Jondral is not liable for any exchange rate differences between the original purchase date and the refund date. Potential losses due to currency fluctuations will not be refunded.
Procedure for payment via Credit Card:
1. First, you enter your credit card details in our SSL secured payment form. SSL (Secure Socket Layer) is an asymmetrical encryption method on the internet that is intended to protect your credit card details against hacking and manipulation during transmission
2. Please note: The card holder's name has to be entered exactly as stated on the credit card. Please use only letters (a-z or A-Z) without special characters, numbers (0-9) or spaces in this field.
3. After successful credit card verification by the credit card provider, the invoice amount is initially authorised, i.e. reserved on your credit card, but not yet debited.
4. Your order will be processed within the delivery period stated under § 6.
5. The amount due will be debited upon shipment of the merchandise.
We accept the following credit cards:
- Master Card
- American Express
Procedure for payment via PayPal:
You can pay on our website securely and easily via PayPal. PayPal accepts payments up to a purchase price of max. EUR 8,000.
1. Select PayPal in the 'Payment method' order step.
2. In the next step, you are automatically forwarded to PayPal.
- If you are already a PayPal customer, you can log in there with your user details and confirm the payment.
- If you do not have a PayPal account yet, you can open up a PayPal account and then confirm payment.
- Complete your order with us by clicking on "COMPLETE PURCHASE" in the final step.
- The merchandise will be prepared for shipment and dispatched on the day of payment confirmation by PayPal or on the following workday at the latest. We generally receive payment within a few minutes of conclusion of contract.
Credit notes from returns are always credited to the PayPal account used for the purchase. You can individually decide and specify in PayPal whether you would like to further use the credit to your PayPal account directly for PayPal or transfer it back to your bank account or credit card account. We do not have any influence on this.
§ 8 Reservation of Ownership
1. The delivered goods shall remain the property of Michael Jondral until payment has been received in full.
2. In case of the Customer's behaviour which is contrary to the terms of this contract, in particular in case of default of payment, Michael Jondral shall have the right to rescind the contract and to take back the item purchased. A revoking of supplied goods causes the withdrawal from the contract. After taking back the purchased goods, Michael Jondral shall be entitled to dispose of them and offset the proceeds derived from the disposal.
§ 9 Customer Service
If you have any questions or would like to submit a complaint, please do not hesitate to contact our Customer Service Team:
§ 10 Warranty / Guarantee / Liability Limitation
The statutory provisions on rights in consumer goods sales in the country of purchase (Germany) shall apply.
§ 11 Data Privacy & Protection
Michael Jondral is committed to following and abiding to all legal data protection requirements.
Personal data (e.g., your name, street address, postal address and email) are collected, processed and stored for the following purposes:
1. Order details: For the acceptance, processing and fulfilment of your order.
To the extent necessary, your details are forwarded to subcontractors, e.g. the deliverer of the merchandise. Payment details are collected in an encrypted mode and used exclusively for processing the corresponding transaction. Michael Jondral does not receive any knowledge of or opportunity to access the banking and credit card details. Processing is handled exclusively via the relevant service provider, e.g. PayPal. All payment information relevant to data privacy protection (such as credit card number, expiration date and security number) is encrypted and transmitted directly to the respective payment service provider, and will not be saved by us.
2. Newsletter registration: Via your customer account or within the order process, you can subscribe to our newsletter. In this case, your email address, as well as your form of address and name (to the extent provided), are used when sending the newsletter
3. Third parties: Customer data is only made available to third parties to the extent that Michael Jondral has been authorised or required to do so according to data protection law, e.g. in case of a query by an investigative authority, in the course of order data processing or with prior consent of the customer.
4. Cookies: Accepting cookies is not a prerequisite for visiting our website. We would like to point out to you, however, that the use of the shopping cart function and ordering in the online shop are only possible if the security settings of your browser enable so-called cookies to be stored on your computer. Cookies are small files that are stored on your hard drive and save certain settings and data exchanged with our system via your browser.
We basically use two types of cookies: First, there are so-called session cookies, second, there are other temporary/permanent cookies in the password-protected area that are stored for a longer period (up to 30 days) on your hard drive. Session cookies are needed, for example, to offer you the option of saving your shopping cart throughout several pages. Permanent cookies serve the purpose of making our offer more user-friendly and more effective. For example, this includes the remarketing and retargeting cookies that are launched by Google: When clicking on certain products or product areas, a cookie is stored on your user device that may accordingly influence the display of advertising on other websites that you visit.
In the cookies used by Michael Jondral, no personal data is stored, and analyses are performed only in an anonymised form. You can set your browser to only accept cookies if you confirm them. If you do not accept any cookies, however, this may lead to restrictions in the usability of our online shop. You can delete cookies already stored on your hard drive at any time. For further details, please refer to the instruction manual of your browser programme.
This online shop utilises Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are sent to and stored on your computer to allow an analysis of your use of the website. The information generated by the cookies regarding your use of this website will be generally transmitted to a Google server in the US, where the information will be stored. For IP anonymisation, your IP address is shortened by Google beforehand within EU member states or other states that are contracting parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the US, where it is shortened. On behalf of Michael Jondral, Google will use the information to analyse your use of the website, to create reports on website activities, and to provide other services to the website operator in connection with website use and internet use. The IP address transmitted from your browser in connection with Google Analytics will not be combined with other Google data. You can prevent the acceptance of cookies by way of a relevant browser software setting. You may furthermore prevent the capture of data related to your use of the website generated by the cookie (including your IP address) and their transmission to Google, as well as the processing of such data by Google by clicking the following download link (http://tools.google.com/dlpage/gaoptout?hl=en) to a browser plugin you can install.
Use of social plugins
Our online shop uses social plugins of the following social networks:
- facebook.de: operated by Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland.
The plugins are designated by the logo of the relevant operator.
If you call up one of our websites containing such a plugin, your browser establishes a connection to the servers of the operator. The content of the plugin is transmitted by the operator directly to your browser and integrated into the page. Through integration of the plugin, the operator receives the information that you have called up the relevant page of our website. If you have an account with the relevant operator and are logged in to this account, the operator can attribute your visit to your account. When using the plugin functions (e.g. pressing the "Like" button or making a comment) the relevant information is attributed to your operator account. In order to prevent the operator from collecting data on you via our website, log out of the operator's service prior to visiting our website and delete any cookies that may be stored.
To learn more about the scope, nature and purpose of the data collection and further processing of the data by the operators, along with your related rights and options for protecting your privacy, please refer to the data protection information of the particular operators on their websites. As the operators have their headquarters or parent company in the United States, this may lead to data being transmitted to the United States.
§ 12 Copyrights
All rights to photos, films and texts published on our online shop are reserved to us or our partners. Any use, reproduction, editing or storage without express permission or without legal authorisation is not permitted.
§ 13 Warranty / Guarantee / Liability Limitation
1. For ordered merchandise, the statutory warranty right applies.
2. To the extent that Michael Jondral has issued a guarantee for specific qualities of the merchandise or for services, Michael Jondral shall only assume liability for this according to statutory regulations, regardless of negligence or fault. There are legal deviations in the customer's favour only to the extent that these are expressly indicated for the particular merchandise.
3. Michael Jondral shall assume unlimited liability for wilful and gross negligent misconduct.
4. Michael Jondral shall only be liable for minor negligence to the extent that there is a breach of material contractual obligations. Material contractual obligations are understood as those obligations which the contract, according to its very intent and purpose, is to provide to the customer or the fulfilment of which make the proper execution of the contract possible in the first place, and on whose fulfilment you may ordinarily rely. Such liability is also restricted to damage foreseeable at the time the contract was concluded and typical for contracts of this nature.
5. The liability limitations and exclusions according to the above items (3) and (4) do not apply to Michael Jondral 's statutory liability, regardless of negligence or fault, or liability based on a contractually assumed guarantee, as well as on injury of life, limb and health.
6. To the extent that the liability of Michael Jondral is excluded or restricted, this also applies to the personal liability of its legal representatives and vicarious agents. Furthermore, the liability restrictions apply to all types of claims, even those based on law of torts.
§ 12 Final Provisions
1. German law shall apply under exclusion of the UN Convention on the International Sale of Goods.
2. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the EU Member State in which consumers have their habitual place of residence. In this case, the contractual relations of the parties to this contract are governed by and construed in accordance with the law of the state in which consumers have their habitual place of residence.
3. The European Commission has set up an online platform for out-of-court resolution to consumer disputes (ODR platform). The platform can be found under the following external link: http://ec.europa.eu/consumers/odr/. We are not willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
4. Should any of the provisions be determined invalid, this shall not affect the validity of the remaining provisions.
5. These General Terms and Conditions are only available in German and English. A conclusion of contract can only be made in German.