General Terms and Conditions of CMG Europe UG (haftungsbeschränkt)
Last modified: November 22, 2018
CMG Europe General Terms and Conditions (GTC) for consumers (end customers)
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
In the event of a dispute, the German version shall prevail for the execution and interpretation of these conditions. This applies to all content on jordinbrook.com.
1. General
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as "you") with CMG Europe UG (haftungsbeschränkt), Lettow-Vorbeck-Strasse 33, 67659 Kaiserslautern, HRB 31852 hereinafter referred to as "CMG", "us" or "we”, on the Jordin Brook website, the mobile website, the mobile application, or by phone (collectively referred to as "jordinbrook.com").
By using jordinbrook.com or placing an order, you agree to be bound by the terms and conditions herein ("the Terms"). Please read the terms and conditions carefully before placing an order.
Only persons of legal age who have a residence address within the EU or Switzerland and for whom the order is neither for their commercial nor for their independent professional activity nor for that of a third party can order. Entrepreneurs within the meaning of § 14 BGB are not entitled to order. We expressly point out that we have no invoices i.S. v. § 14 UStG.
The offer of products or services on jordinbrook.com at any given time does not imply or guarantee that these products or services will be available at all times. We reserve the right to discontinue any product at any time.
We reserve the right to change the terms and conditions from time to time without notice. The version of the terms and conditions valid for your order is the one published on jordinbrook.com at the time of order. You will receive a copy of it along with your order confirmation. The terms and conditions that apply at the time of your purchase are not stored by us or cannot be requested from us, so please keep the copy attached to your order confirmation.
CMG would like to offer you an optimal online experience. That's why we need to make sure our services are running smoothly. You therefore agree to (i) release, transmit, distribute, upload or market any information or content that could harm or negatively impact our company, our products or services; (ii) not behave in any manner or use any device that restricts, interferes with or endangers the security of the Website to other users while using the jordinbrook.com website, and (iii) does not contain any devices or modules, software, tools to use agents, scripts or other devices or mechanisms (including, but not limited to, spiders, bots, crawlers, avatars or intelligent agents) to navigate, browse, or copy content from the site. We reserve the right to block access to the site and close the account of users who violate this policy or other policies set forth in these terms and conditions.
2. Prices and shipping costs
The prices quoted on jordinbrook.com include the statutory sales tax, but not the shipping costs.
The shipping costs vary depending on the order value, delivery country and weight of the package. Details on the shipping costs can be viewed under the item "Payment and Shipping". The cost of shipping and the respective payment method are also clearly shown at the checkout. Our standard shipping costs within Germany are € 5.90. If we cannot deliver your order in full and have to split several deliveries, there will be no additional shipping costs for subsequent deliveries. Prices in stores, in the catalog and online may vary.
3. Order / contract
You can order online at jordinbrook.com.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button.
If you have placed your order and have deposited your e-mail address with us, you will receive a confirmation by e-mail. If, for any reason, we are unable to complete the order, we will notify you as soon as possible. If we have already received a payment for the order, we will refund the corresponding amount with the payment method you use. If, for any reason, a different arrangement needs to be made, a client advisor will contact you to arrange repayment.
The total amount for an order must be at least 1,00 € (less the discounts).
4. Delivery
CMG takes the utmost care in accepting and processing orders and delivers your order to a home address or DHL Packstation in Germany, according to the delivery option you choose.
CMG strives to deliver the items as quickly as possible in the order in which they arrive. Although we strive to deliver within the specified time, delivery may take longer due to unforeseeable events.
Before you place the order, you will be informed about the expected delivery date. If you have placed your order and have deposited your e-mail address with us, you will receive a confirmation e-mail with the expected delivery times.
Full shipping and delivery instructions can be found on jordinbrook.com.
If your order does not arrive on the specified date, contact the Customer Service by e-mail at shop@jordinbrook.com.
5. Withdrawal of the order
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which
- you or a third party named by you, other than the carrier, has or has taken possession of the goods, provided that you have ordered one or more goods under a single order and these are or will be delivered in a uniform manner;
- you or a third party named by you, who is not the carrier, has or has taken possession of the last goods, provided that you have ordered several goods in a single order and these are delivered separately;
- you or a third party named by you, other than the carrier, has or has taken possession of the last partial consignment or piece, provided that you have ordered a product that is delivered in multiple consignments or pieces;
- you or a third party named by you, other than the carrier, has or has taken possession of the first good, provided that goods are delivered for the regular delivery of goods for a fixed period of time within the scope of an order.
To exercise the right of withdrawal, you must inform us (CMG Europe UG (haftungsbeschränkt), Lettow-Vorbeck-Straße 33, 67659 Kaiserslautern Tel.: +49 (0)152 28606012, E-Mail: shop@jordinbrook.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model 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 before the withdrawal period has expired.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: CMG Europe UG (haftungsbeschränkt), Europaallee 10, 67657 Kaiserslautern, E-Mail: shop@jordinbrook.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 (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you 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 goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to CMG Europe UG (haftungsbeschränkt), Europaallee 10, 67657 Kaiserslautern 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 send back the goods before the period of 14 days has expired.
We will bear the direct costs of returning the goods, provided that the value of the returned goods exceeds 40 EUR (Note: The amount of 40 EUR refers to the individual item to be returned and not to the total value of the return). For the return you must use a return receipt issued by us. To receive a return receipt, please contact our customer service by e-mail at shop@jordinbrook.com. If you do not use the return receipt issued by us, then the cost of the return shipment cannot be refunded.
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.
Exclusion of the right of withdrawal
The right of withdrawal does not exist with contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded,
- for the delivery of sealed goods, which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery,
- for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,
- for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which cannot be delivered until 30 days after the conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence,
- for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery
- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
6. Return
CMG grants full repayment in accordance with the terms of Section 5 (Withdrawal of the order), provided that all items have been returned in the condition in which they were received. This means that the articles must not be damaged, dirty, washed, altered or worn (with the exception of the fitting). In addition, all tags and labels must be intact.
To receive a return receipt, please contact our customer service by e-mail at shop@jordinbrook.com.
Return the items you want to return in a DHL shop.
7. Payment method
We offer the following payment methods:
PAYPAL, DIRECT DEBIT, CREDIT CARD, PURCHASE ON INVOICE
Credit check
CMG reserves the right to review your application for certain forms of payment and, if necessary, refuse, restrict, request an advance payment or propose an alternative payment method.
Arrears
If the payment is not made on time, a reminder fee of € 2 per payment reminder applies. You are free to prove that CMG did not cause damage at all or at a significantly lower level.
Miscellaneous
Please note that CMG and our collection agency / payment service provider reserve the right to send payment requests and other communications related to your purchase and payment to your email address.
8. Warranty and liability
Nothing in these terms and conditions shall exclude or limit the liability of CMG if it is in conflict with applicable laws on disclaimer or limitation of liability.
CMG is not responsible for any indirect damage caused as a by-product of the actual loss or damage; For example, loss of profits or orders, or for products not supplied or failure to comply with any other obligation under these terms and conditions, if the cause of such failure is beyond our control, including, but not limited to, fire, flood, storm, riots, civil unrest, war , nuclear accidents or terrorist activities.
CMG is fully liable for intent and gross negligence, but for slight negligence only in case of breach of essential contractual obligations. Our maximum liability to you for any loss or damage arising from your order on jordinbrook.com is limited to the total amount of your order.
The foregoing limitations of liability shall not apply in the case of the assumption of express guarantees by CMG and for damages resulting from injury to life, body or health due to a negligent breach of duty by CMG or a willful or negligent breach of duty by a legal representative or vicarious agent of CMG and in Case of mandatory legal regulations. The provisions of the Product Liability Act remain unaffected. Insofar as the liability of CMG is excluded or limited, this also applies to the personal liability of employees, employees, employees, representatives and vicarious agents of CMG. It is not our intention to exclude the liability for fraudulent misrepresentation by us, our employees or agents. If we breach these terms and conditions, we will be liable only for losses that are a foreseeable consequence of such breach.
If there is a problem with a product you have purchased online from us and you have not been able to resolve this issue with us, you can file your complaint on the EU Online Dispute Resolution Portal (ODR Platform, Online Dispute Resolution).
The portal offers customers and merchants within the EU the opportunity to reach an out-of-court settlement in case of problems with online shopping. The user-friendly and interactive website serves as a one-stop-shop, which is available free of charge in all official EU languages. The ODR platform allows consumers and dealers to locate a dispute resolution center and go through the process of finding solutions together. The ODR platform can be found at: http://ec.europa.eu/odr.
9. Colors
We make every reasonable effort to accurately represent the characteristics of our products, including their composition and colors. However, the color display depends on your computer system and we cannot guarantee that your computer will accurately reproduce the colors.
10. Warranty
If the goods purchased have defects, we undertake to comply with all applicable warranty conditions. If you have a complaint regarding obvious defects in material or workmanship of the goods we provide, including any damage incurred during shipment, return the goods to us immediately, observing the returns policy in clauses 5 and 6.
11. Assignment
CMG reserves the right to assign or pledge to third parties all payment claims incurred in connection with the delivery of goods, including all payment installments.
12. Validity
If any of these terms are not permitted or invalidated by any court or regulatory authority, the remaining terms will continue to apply.
13. Retention of title
The goods remain our property until full payment.
All intellectual property rights, e.g. trademarks and copyrights on jordinbrook.com remain with CMG Europe UG (haftungsbeschränkt) and its subsidiaries or licensees. The use of jordinbrook.com or its contents, including the copying and saving of content in whole or in part, except for personal, non-commercial purposes, is not permitted without the permission of CMG.
14. Final provisions
The language available for the contract is German.
Changes to this agreement must be made in writing. This also applies to the change of this written form requirement.
15. Information about the company
CMG Europe UG (haftungsbeschränkt)
Registered court: Lettow-Vorbeck-Straße 33
67659 Kaiserslautern
Represented by the CEO Kevin Müller
Register:
Registration in the commercial register.
Registration court: Amtsgericht Kaiserslautern
Registration number: HRB 31852
VAT ID: DE 300 273 814
Contact:
Telephone: +49 (0) 152 28606012
E-Mail: shop@jordinbrook.com
As of: 22.11.2018