Terms and Conditions

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Conditions

General terms and conditions with customer information

1. Scope

2. Offers and service descriptions

3. Ordering process and conclusion of contract

4. Prices and shipping costs

5. Delivery, availability of goods

6. Payment modalities

7. Retention of title

8. Warranty for material defects and guarantee

9. Liability

10. Storage of the contract text 

11. Place of jurisdiction, applicable law, contract language

12. Cooperation agreement for affiliate partners

1. Scope of application

1.1. For the business relationship between Justbe GmbH & Co. KG, St. Michael 49, 91056 Erlangen (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order. Justbe are represented in the UK by Brand Acvtivation Limited, info@brand-active.net for any UK sales related issues.

1.2. You can reach our customer service for questions, complaints and complaints on working days from 9:00 a.m. to 6:00 p.m. on the telephone number 09131 6103463 and by email at info@just-be.com.

1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.

2.2. All offers are valid "while stocks last", unless otherwise noted for the products. Incidentally, errors remain reserved.

3. Order process and conclusion of contract

3.1. The customer can choose non-binding products from the seller's range and collect them in a so-called shopping cart using the “Add to cart” button. The product selection can be changed, e.g. deleted, within the shopping cart. The customer can then use the “Continue to checkout” button in the shopping cart to complete the ordering process.

3.2. The customer submits a binding application to purchase the goods in the shopping cart via the “order with obligation to pay” button. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to go back to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller sends the ordered product to the customer, hands it over or dispatches it within 2 days has confirmed the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.

3.4. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment by 10 calendar days after sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the result that the order lapses and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

4.1. All prices quoted on the seller's website include the applicable statutory sales tax.

4.2. In addition to the prices quoted, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, availability of goods

5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. Should the delivery of the goods fail due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.

5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

5.4. Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

6. Payment methods

6.1. The customer can choose from the available payment methods before completing the order process. Customers are informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.

6.3. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.

6.5. The customer's obligation to pay default interest does not preclude the seller from asserting further damage caused by default.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

The delivered goods remain the property of the seller until payment has been made in full.

8. Material defect warranty and guarantee

8.1. The guarantee is determined according to legal regulations.

8.2. The goods delivered by the seller are only guaranteed if this has been expressly given. Customers are informed of the warranty conditions before the order process is initiated.

9. Liability

9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, irrespective of the other statutory entitlement requirements.

9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can see the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

11. Final provisions

11.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. Contract language is German.

11.3. Platform of the European Commission for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.

12. Cooperation agreement for affiliate partners, terms and conditions

a) Terms and Conditions

 Only these general terms and conditions apply to the between Justbe GmbH & Co. Kg; St. Michael 49; 91056 Erlangen (iwF: "Justbe") and its affiliate contract partners (iwF: "Partner"). General terms and conditions of their partners do not apply as a contractual basis unless their validity has been agreed in writing. Subsidiary agreements and the waiver of any written form requirement must be agreed in writing. Participation is free for the partner.

b) Subject matter of the contract, logging, commission, payment

Justbe provides its partner with an affiliate link, which the partner installs in unchanged quality, well positioned and technically correct, for example on his homepage, Instagram page or in Facebook.

Justbe logs all clicks on the affiliate link made available and records them statistically using an affiliate plug-in integrated in the Justbe website. The partner has access to his own user profile at any time to call up the commission overview. The right to commission arises only if orders placed on the homepage www.just-be.com are completely and successfully processed. The decisive point in time is the actual payment for the purchase at Justbe.

The partner receives a commission of 10% gross of the order (including shipping and any vouchers) for each online order completed via his homepage. The commission claim arises only if the internet booking made has been processed completely and successfully.

The commission is charged to the partner monthly by PayPal on the 5th weekday of the following month at the latest. Any objection to this statement must be made in writing within one month of receipt of the statement, otherwise its accuracy is expressly and unconditionally recognized. Objections made later and claims for commission expire.

Monthly credits must be at least € 50.00 to be paid out, if this is not met, the commission for the following month is added until the minimum amount is exceeded. There is no interest. Transfers are made in euros. If the partner is liable for sales tax, he must provide the sales tax ID or tax number with details of the tax office when registering. Justbe will not reimburse the partner's expenses and costs. Valid from: October 1st, 2019

c) Warranty and liability

The parties agree to restrict Justbe's warranty obligations to improve or replace their services. The parties agree to limit the liability of Justbe and its assistants for damage, for whatever legal reason, to gross negligence and intent. Liability for lost profit and atypical and unforeseeable consequential damage is also excluded in the event of intent or gross negligence. The partner holds Justbe completely harmless and harmless for claims that are brought to Justbe due to the violation of legal or contractual provisions by him or his assistants, including the necessary and appropriate costs of legal defense.

d) Duration, termination and dissolution of the contract

The affiliate partner registers as a partner on the Justbe homepage. If Justbe accepts the request, the partner will receive a written confirmation to the email address given in the registration.

The contract begins as soon as the partner places the first online order via the Justbe webshop, in which case the partner has read the current cooperation agreement and accepts it silently  

The contract is concluded for an indefinite period of time and can be terminated by both parties at any time in writing with a notice period of 5 working days, whereby Saturday is not a working day. Online orders placed up to the end of the notice period will be processed in accordance with the aforementioned provisions of this contract. After these 5 working days, the partner is obliged to deactivate the affiliate link and remove it, as well as any banners etc. made available, from his website or other online tools. In the event that there is an important reason, including opening of bankruptcy proceedings over the partner's assets and the rejection of a bankruptcy application due to a lack of cost-covering assets, as well as incorrect information in the application form,

e) Place of jurisdiction, place of performance and applicable law

The place of performance is D-91056 Erlangen. The Nuremberg Arbitration Court is exclusively responsible for all disputes arising from this contract as well as ancillary agreements or other agreements made between the parties. German law applies exclusively, to the exclusion of its reference norms and to the exclusion of the UN Sales Convention, to the entire contract as well as ancillary agreements or other agreements made between the parties.

f) Changes to these general terms and conditions, severability clause

a) Justbe is entitled to make changes to these general terms and conditions, which the partner will be informed of by sending a copy of the changed general terms and conditions by email. If the contractual partner does not agree to the changes, he is entitled to terminate the agreement within 5 working days of receipt. If the right of termination is not exercised, the changed general terms and conditions apply from now on.

b) Should individual clauses of the general terms and conditions be ineffective, the effectiveness of the rest will not be affected. In place of the ineffective clause, the admissible regulation that comes as close as possible in economic terms to the one sought by the ineffective clause shall apply.