Terms of service

General Terms and Conditions with Customer Information

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Term and Termination of Subscription Contracts
Retention of Title
Liability for Defects (Warranty)
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Judes Family GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly provided otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are not related to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Depending on the Seller’s product description, the subject matter of the contract may be the purchase of goods by way of a one-time delivery or the purchase of goods by way of an ongoing delivery (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer at the contractually owed intervals for the term of the agreed contract period.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during checkout, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the ordering process.

2.5 If the Customer selects “Amazon Payments,” payment processing is carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), under the Amazon Payments Europe User Agreement available at https://payments.amazon.de/help/201751590. By selecting “Amazon Payments” and clicking the button concluding the ordering process, the Customer simultaneously issues a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process.

2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer after the order has been dispatched in text form (e.g., email, fax or letter). The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The contract is available in German and English.

2.9 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

2.10 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). MeinEinkauf AG also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth shipping, MeinEinkauf GmbH in DE-Konstanz (DE285677365) is integrated into the supply chain. No additional costs arise for the buyer as a result.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal and returns (including procedures and exclusions for sealed hygiene goods) is provided in our Withdrawal / Returns Policy. The withdrawal/return period is one hundred (100) days from delivery of the last item, for all regions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs, if applicable, are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, fees for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties/taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.4 If the Customer selects “PayPal Credit” (installment payment via PayPal), the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the Customer data provided. The Seller reserves the right to refuse the payment method “PayPal Credit” in the event of a negative result. If PayPal approves “PayPal Credit,” the Customer must pay the invoice amount to PayPal under the terms set by the Seller and communicated in the online shop. In this case, payment can only be made with debt-discharging effect to PayPal. The Seller remains responsible for general customer inquiries (e.g., regarding goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes).

4.5 If the Customer selects the “SOFORT” payment method, payment processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To pay the invoice amount via “SOFORT,” the Customer must have an online banking account activated for participation in “SOFORT,” authenticate accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out immediately by “SOFORT,” and the Customer’s bank account is debited. Further information is available at https://www.klarna.com/sofort/.

4.6 If the Customer selects a payment method offered via “Shopify Payments,” payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments are communicated in the Seller’s online shop. Stripe may use additional payment service providers for processing, for which special payment terms may apply and to which the Customer may be referred separately. Further information on Shopify Payments is available at https://www.shopify.com/legal/terms-payments-de.

4.7 If the Customer selects a payment method offered via “mollie,” payment processing is carried out via Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (“mollie”). The individual payment methods offered via mollie are communicated in the Seller’s online shop. Mollie may use additional payment service providers for processing, for which special payment terms may apply and to which the Customer may be referred separately. Further information on mollie is available at https://www.mollie.com/de/.

4.8 If the Customer selects a Ratepay payment method (e.g., Ratepay invoice, prepayment, direct debit, installment purchase), payment processing is carried out via Ratepay GmbH, Franklinstraße 28–29, 10587 Berlin (“Ratepay”), to whom the Seller assigns its claim against the Customer. The Customer can only render payment with debt-discharging effect to Ratepay. The Seller remains responsible for general customer inquiries (e.g., goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes). The General Payment Terms of Ratepay apply: https://www.ratepay.com/legal-payment-terms/.

4.9 If the Customer selects payment by credit card, the invoice amount is due immediately upon conclusion of the contract. Processing may be carried out in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, authorized by the Seller to collect claims in its name. The credit card is charged immediately after the Customer sends the order in the online shop. The Seller remains responsible for general customer inquiries as above.

4.10 If the Customer selects payment by credit card via secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), the Seller assigns its payment claim to secupay AG, who will charge the Customer’s credit card. In case of assignment, payment can be made with debt-discharging effect only to secupay AG. The charge occurs immediately after the order is submitted. The Seller remains responsible for general customer inquiries as above.

4.11 If the Customer selects payment by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative result.

4.12 If the Customer selects payment by credit card via Wirecard, payment processing is carried out via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/), to whom the Seller assigns its payment claim. Wirecard Bank AG charges the Customer’s credit card; payment can be made with debt-discharging effect only to Wirecard Bank AG. The charge occurs immediately after the order is submitted. Information pursuant to Article 13 GDPR by Wirecard Bank AG for credit card payments: https://www.wirecardbank.de/DSGVO.

4.13 If the Customer selects a payment method via “Klarna,” payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Further information and conditions can be found in the Seller’s payment information: https://www.judesfamily.com/pages/zahlungsinformationen.

5) Delivery and Shipping Conditions

5.1 Delivery of goods is made by shipping to the delivery address specified by the Customer unless otherwise agreed. For processing, the delivery address specified in the Seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs in the event of effective exercise of the right of withdrawal by the Customer, the provision in the Seller’s Withdrawal / Returns Policy shall apply.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific hedging transaction with the supplier using due diligence. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.

5.4 Self-collection is not possible for logistical reasons.

6) Term and Termination of Subscription Contracts

6.1 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.2 Terminations must be made in writing or in text form (e.g., by email).

7) Retention of Title

If the Seller makes advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1 If the purchased item is defective, the statutory provisions on liability for defects apply.

8.2 By way of deviation, for used goods the following applies: defect claims are excluded if the defect only becomes apparent after the expiry of one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period. The reduction of the liability period to one year does not apply

to items which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
to the Customer’s claims for damages and reimbursement of expenses, and
if the Seller has fraudulently concealed the defect.

8.3 If the Customer is a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (“gift vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Multiple gift vouchers can be redeemed for one order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a gift voucher will not be paid out in cash nor bear interest.

9.8 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the place of business of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s seat is outside the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the foregoing cases, however, the Seller is in any event entitled to bring an action at the Customer’s place of business.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Contact: hi@noahquinn.com