Terms & Conditions - PULA JANZ MTERNITY as per October 2014

1. SCOPE

All business relations between www.paulajanz.com and the buyer, including any future business, shall be performed exclusively on the basis of the following General Standard Terms and Conditions, in the currently valid version. Terms and conditions issued by the customer which conflict with or deviate from these Terms and Conditions shall not be recognized, unless PJM has expressly agreed to their validity in writing.

2. CONTRACTUAL PARTNER

Your contractual partner is:

PAULA JANZ MATERNITY
Paula Janz, Choriner Str. 32, 10435 Berlin, Deutschland
T: +49 30 41717016, F: F +49 30 41 717 015, contact at paulajanz.com

All claims and queries should be directed to this address.

3. CONCLUSION OF CONTRACT AND WITHDRAWAL

An order constitutes an offer to us to enter into a sales contract. Upon receipt of your order at PAULA JANZ MATERNITY, we will send you a confirmation email which will list all details of your order. This email does not constitute an acceptance of your offer, but rather serves to inform you that we have received your order request. The sales contract is only executed when we have checked the product's availability and sent you a second email confirming the conclusion of a sales contract. You will also receive an email, if a product is not available at this time. In this event, the sales contract has not been concluded.

4. SHIPMENT AND DELIVERY

We make every effort to meet our scheduled delivery dates. Unless otherwise stipulated, the shipment will go to the delivery address provided by the customer. 

5. PRICES, MATURITY AND PAYMENT

All prices are retail prices quoted in Euro and include the applicable German sales tax. The prices at the time of ordering apply. The prices refer to the items depicted and described, but not their contents, accessories and/or decorations. Payment is due upon conclusion of contract. International customers may issue payment via credit card or PayPal; payment for orders within Germany can be issued via credit card, PayPal, advance payment, direct debit, or cash on delivery. PJM reserves the right to exclude any of these payment methods.

Payment by Credit Card

We accept Visa and MasterCard.

1. Enter your credit card information on our secure payment site.
www.paulajanz.com uses state-of-the-art server security software with SSL (Secure Socket Layer). This is an asymmetrical online encrypting method which protects your credit card information from interception and manipulation during the transaction. It is therefore impossible for unauthorized parties to read this information during online transactions.
2. Your order will be processed in accordance with our delivery terms as soon as your credit card account has been charged.
3. Credit for returns will be refunded to your credit card account.

Payment by PayPal
1. Should you choose PayPal as your payment method, you will be transferred to the secure website of PayPal, after you have confirmed your order. After entering your login data, you can authorize your payment via PayPal.
2. After payment procedure you will be re-directed to www.paulajanz.com automatically.
3. Generally, we receive a PayPal payment verification shortly after you have completed the payment process. Your order will be processed right away, at the latest on the following workday. Should there be a problem with your PayPal payment, PayPal, or if necessary PJM, will notify you.
4. Credit for returns will be back posted to your PayPal account.

Payment by Cash in Advance or Bank Transfer

4.1. You will receive our bank details and the order number in the confirmation email. Please note, cash in advance as a method of payment is available only for orders originating in Germany.
4.2. Please transfer the amount due to the account specified in your confirmation email. Please do not forget to indicate your order number. Any transfer fees, such as bank service charges, shall be assumed by the customer.
4.3. The contract acceptance and shipment are fulfilled after payment has been received. PJM reserves the right to cancel an order, if the invoice amount including shipping fees has not been received within 5 workdays after the order has been placed at www.paulajanz.com.
4.4. Credit for returns will be refunded to your bank account.

6. SHIPPING AND HANDLING

Stated prices on product pages include VAT and other price components.

For delivery in Germany we charge 4,90 euro.

We ship within the European Monetary Union* (EURO-Zone) and to Switzerland.

In addition to the stated prices we charge 10,50 euro shipping costs within the European Monetary Union (EURO-Zone) and 12,50 euro shipping costs to Switzerland.

* Belgium, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, Spain and the Republic of Cyprus

You can ship the returns back to the following address, the shipping costs go to your side:

PAULA JANZ MATERNITY

Choriner Str. 32

10435 Berlin

Deutschland

Shipping fees are again stated clearly in the shopping cart as well as on the order page.

For international shipments worldwide, we accept payment by credit card or PayPal only. The indicated prices include German VAT. Please refer to our international shipping fee table for the applicable shipping costs. Our shipping partner calculates and invoices the applicable local taxes, customs fees and import duties. 

 

7. RESERVATION OF PROPRIETARY RIGHTS
All products remain the legal property of PJM until full payment is made by the customer on all current orders and the resulting requirements have been fulfilled.

8. A RIGHT OF WITHDRAWAL
If you are the consumer (in other words, an individual placing an order not intended for commercial use or independent professional use), you have a right of withdrawal in accordance with the currently applicable laws.

Revocation Instruction:
You have the right to withdraw from this contract within 14 days without explanation.
The withdrawal period will expire after 14 days from the day on which you or a third party nominated by you - other than the carrier - acquire physical possession of the goods.

To exercise the right of withdrawal, you must inform us:

PAULA JANZ MATERNITY
Paula Janz, Choriner Str 32, 10435 Berlin, Deutschland
T: +49 30 41717016, F: F +49 30 41 717 015, contact *at* paulajanz.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by regular mail, by fax or e-mail). You may use the attached sample withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal prior to the expiration date of the withdrawal period.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the return shipment of goods or you have supplied evidence of having returned the goods, whichever the earlier.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you return the goods within 14 days.

For national returns and returns from abroad you will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of withdrawal instruction

Exclusion and/or Premature Expiration of the Right to Withdrawal

The right to withdrawal does not apply to contracts which pertain to the delivery of goods, which have not been prefabricated and require the customer's individual selection or the customer's individual instructions or which have been explicitly tailored to the specific customer's personal needs or preferences;

-pertain to the delivery of good, which may perish quickly or where the best-before date will soon be exceeded;

- pertain to the delivery of alcoholic beverages, when the price was agreed upon at the conclusion of contract, but the delivery will take place 30 or more days after the conclusion of contract and the current value is dependent on fluctuations in the market over which the seller has no influence;

- pertain to the delivery of newspapers, magazines or periodicals with the exception of subscription contracts;

 The right of withdrawal expires prematurely for contracts which:

 - pertain to the delivery of sealed goods, which are not fit to return for health or hygienic reasons if the seal was removed after delivery ;

- pertain to the delivery of goods, if these were inseparably mixed with other goods due to their nature after delivery;

- pertain to the delivery of sound or video recordings or computer software in sealed packaging, if the seal was removed after delivery.

 

To indicate your withdrawal you can use the following form. The use of this form is not obligatory.

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

PAULA JANZ MATERNITY
Paula Janz, Choriner Str 32, 10435 Berlin, Deutschland
T: +49 30 41717016, F: F +49 30 41 717 015, contact at www.paulajanz.com

 I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

 ________________________________________________________________________________________________________________________________

 

________________________________________________________________________________________________________________________________

 

________________________________________________________________________________________________________________________________

 

-Order number: ____________________________________________________________________

 -Invoice number: ________________________________________________________________

 -Ordered on (*)/received on (*):

________________________________________________________________________________________________________________________________ 

-  Consumer name(s):

________________________________________________________________________________________________________________________________ 

- Consumer address(es):

________________________________________________________________________________________________________________________________

 

________________________________________________________________

Signature of consumer(s) (only if this form is submitted on paper),

 

________________________________________________________________

Date

(*) Delete as appropriate.

 

End of sample withdrawal form

 

9 GUARANTEES AND LIABILITY

9.1. In accordance with applicable statutory provisions, specifically §§ 434 ff. BGB, we are liable for material defects or defects of title for delivered products. The period of limitation in case of statutory claims for defects is 2 years and begins with the delivery of the goods.

9.2. We are not liable in cases of negligence as long as fundamental contractual obligations were not negligently violated. Our liability for contractual and non-contractual indemnity claims for the compensation of typical and foreseeable damages is limited, however, this does not apply if the damage is due to negligence or deliberate intention. This also applies in the event of damages culpably caused by a legal representative or agent.
The aforementioned liability limitations do not apply in the case of injury to life, body, or health, for a defect after the assumption of a guarantee for the quality of the product, and in the case of fraudulent concealment of defects.
9.3. The aforementioned limitations of (2) also apply to the benefit of legal representatives or agents when claims are lodged directly against these parties.
9.4. The regulations of the German law on product liability remain unaffected.

10. DATA PROTECTION
10.1. PAULA JANZ MATERNITY undertakes to only utilize the data which were uploaded, edited and saved by members during registration and use of www.paulajanz.com online services internally and to never pass this data on to third parties, except if legally or officially obligated. All personal data will of course be treated confidentially.
10.2. PAULA JANZ MATERNITY particularly complies with the statutory provisions of the Federal Data Protection Law and the German Telemedia Act. Without the consent of the customer, PJM will only collect, process or use customer inventory and usage data to the extent necessary for contract fulfilment and for the utilization and billing of telemedia. PAULA JANZ MATERNITY will not use customer data for advertising, marketing or opinion research services without the customers consent.
10.3. You have the express right to retract your consent at any given time. You may request information on the data stored with us at anytime and without stating a reason. You may request to block, modify or delete your stored data at any time. Withdrawals, requests for information or deletion should be addressed to:

PAULA JANZ MATERNITY
Paula Janz, Choriner Str 32, 10435 Berlin, Deutschland
T: +49 30 41717016, F: F +49 30 41 717 015, contact at paulajanz.com

10.4. This website uses Google Analytics, a web analytics service provided by Google, Inc.
("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

10.5. GOVERNING LAW, JURISDICTION, AND FINAL PROVISIONS
Court of jurisdiction for all disputes arising from this contract is Berlin, if the ordering party is a merchant or does not have a general place of jurisdiction within the boundaries of the Federal Republic of Germany. The business relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods to the extent permitted by law.

Invalidity of one or more of the provisions in these General Terms and Conditions shall not affect the validity of the General Terms and Conditions as a whole.