General Terms and Conditions
Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to all business relationships between JESAJA BRUCH® (hereinafter “JESAJA BRUCH®”, “us”, or “we”) and the end customer (hereinafter “customer”, “buyer”, or “you”) for goods purchased through www.jesajabruch.com (hereinafter “online shop” or “website”). No individual agreements will be made.
The contracting partner with our customers is
JESAJA BRUCH®
Rothenpark 05
CH-6015 Lucerne
Managing Director: Dr. Anton Volgger
Customers in the sense of these GTC are considered to be end consumers. End consumers in the sense of these GTC are natural persons who purchase products for personal use and do not use them for commercial, self-employed, or freelance purposes.
JESAJA BRUCH® reserves the right to change these GTC at any time.
All changes will take effect with the publication of the new GTC on the website. The relevant time for the applicability of the valid GTC is when a binding order is placed by clicking the “Order with payment obligation” button.
Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms as well as to our Privacy Policy. Our offer is exclusively directed at adults.
Conclusion of a Purchase Agreement
The presentation of products on www.jesajabruch.com is merely an invitation for the customer to submit a purchase offer. Images and illustrations that are not directly related to the product serve informational purposes and are not binding for JESAJA BRUCH®.
Through our online shop, you can purchase the products you select. To do this, you place them in the shopping cart, provide your delivery and/or billing address, choose your payment method, acknowledge the GTC and the Privacy Policy, and agree by checking the corresponding box and then clicking the button
“Order with payment obligation.”
The order is processed in household-typical quantities. This means that you may place a maximum of three items of the same product in the shopping cart. Repeated orders to circumvent this regulation are not permitted.
You can create a customer account to save yourself from entering your personal data again when placing another order, as this information will already be stored. Furthermore, you will have access to your previous orders and other information. Each customer is entitled to maintain only one customer account.
As part of your registration, you are responsible for providing truthful, current, and complete information about your personal data. JESAJA BRUCH® treats your data confidentially and does not disclose it to unauthorized parties. For more information on the protection of your personal data, please refer to our Privacy Policy.
Once an order is placed, you will automatically and promptly receive an order confirmation via email. This includes the details of your order. Additionally, you will find the GTC and the Privacy Policy that you accepted during the ordering process. We recommend printing the GTC for documentation or saving them on your computer.
This confirmation serves as initial information that we have received your order. An automatic order confirmation does not constitute a purchase agreement.
After you have placed an order, JESAJA BRUCH® is free to accept or reject the order at its discretion by sending a corresponding notification via email without assuming liability towards you or third parties. If a cancellation of the order occurs, any payment made will of course be refunded. Reasons for rejecting an order could include, for example, if a product is no longer available, if the payment process cannot be executed, or if there is reason to believe that the customer is acting in violation of these GTC.
Upon acceptance of the order by JESAJA BRUCH®, a binding purchase agreement is established. Acceptance occurs upon dispatch of your ordered goods. You will receive a separate notification with a tracking number upon shipping.
Availability, Appearance of Our Goods, and Performance Reservation
Our products are available as long as our stock is sufficient.
We strive to make the appearance and colors of our products as realistic as possible. However, slight color deviations may occur.
If we find that the goods you ordered are not available during the processing of your order, we will inform you. You still have the right to demand delivery of the owed service. After a reasonable period, you may withdraw from the contract.
Prices
The prices of our products are final prices. They correspond to those stated on the website and include the country-specific statutory value-added tax (VAT). The total price of your order, including shipping costs, will be displayed at the end of the ordering process.
By placing your order, you declare that you agree to the total price for the ordered products.
We are entitled to change the prices at any time. The products will be billed based on the prices offered at the time you place your order.
Payment Terms
Payment is due upon placing your order by clicking the “Order with payment obligation” button.
We accept common credit cards such as VISA, MASTERCARD, and AMERICAN EXPRESS. We also accept payment service providers like PayPal, Klarna, and others.
We ship throughout the EU, so payment methods may vary by country. By choosing your payment method, you authorize the payment either by entering your credit card details or by entering your access data for a payment service provider. If you pay directly with a credit card or through the payment service provider PayPal, no additional fees will be charged by us. You authorize us to collect payments in the respective manner. Should there be chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. Furthermore, we are not liable for any fees or other amounts that the issuers of payment cards, payment service providers, or your bank may charge you due to the processing of your payment for the placed order. We refer to the general terms and conditions of the respective providers.
If the payment process cannot be successfully completed for any reason, the order will be canceled. In this case, no shipping of the ordered products will occur.
Discount Coupons
We occasionally grant our customers discount coupons that entitle them to a price reduction. The quality of the goods corresponds to that without price reduction. The coupon can be redeemed at checkout by entering the depicted sequence of numbers and digits in the corresponding field. It may be subject to a minimum order value and/or a minimum duration. Discount coupons are not transferable. In the event of a valid withdrawal from your purchase agreement, we will only refund the purchase price along with shipping costs incurred with the discount code.
Delivery Terms
Delivery in Germany is carried out by the DHL Parcel service. DHL indicates the standard delivery time for parcels as one to two working days. Delivery within the EU is carried out by UPS – Standard service. UPS indicates the standard delivery time for Standard service as three to four working days. Delivery to Malta is carried out by UPS – Express Saver service. UPS indicates the standard delivery time for Express Saver service as two working days. Delivery to Cyprus is not offered.
We have no influence over delivery times and accept no liability for delivery delays for which we are not at fault. If we are responsible for the delay in delivery, you have the right to withdraw from the purchase contract after a period of 14 days.
Please refer to the shipping prices at
www.jesajabruch.com/versandkosten
We are entitled to partial deliveries if this is reasonable for the customer. We are not obligated to make partial deliveries.
Retention of Title
JESAJA BRUCH® remains the owner of the delivered goods until they have been paid for in full.
Statutory Right of Withdrawal
Withdrawal Information
Start of Withdrawal Information
Right of Withdrawal
For all goods purchased through our online shop (with the exception of certain products; see the withdrawal restrictions below), you as a consumer in the EU have the right to withdraw from the contract within 14 days of receiving the goods without giving any reason.
You or a third party designated by you, who is not the carrier, can withdraw from the contract within fourteen days after receiving the goods. To do this, you must send us a clear statement of withdrawal in text form (e.g., via email) to service@jesajabruch.com or through the provided withdrawal form (LINK), which is not mandatory. (Link to external site. Form should open in Word, see below)). If delivery is made in parts, the period begins on the day the last delivery is made. A return of the goods without a comment is not sufficient for an effective withdrawal. Please return the goods promptly, but in any case no later than fourteen days from the day you informed us of the withdrawal, to the following address:
……………
return securely packaged. The costs of return shipping shall be borne by you. We recommend sending the package with a tracking number and insured against damage and loss. Otherwise, we assume no liability in case of damage. In that case, we cannot process the withdrawal. We are also not obligated to accept unpaid shipments. We have the right to refuse them and charge you any additional costs incurred.
Consequences of Withdrawal
If you withdraw from the contract properly and have complied with the return policies, we will refund the total price you paid, including shipping costs for the initial delivery. The refund period is 14 days from the day you informed us of the proper withdrawal. The refund will be made using the payment method originally used. We have the right to refuse the refund within the specified 14-day period until we have received the goods back or you have provided proof of return shipment, whichever is earlier.
If you return the goods to us too late, you are in default, and the withdrawal is invalid. Should you wish for a new delivery of your order in this case, a processing fee of €3.50 and the corresponding postage for the new delivery will be at your expense. Shipping will occur after the corresponding amount has been received. We request payment within five days after you have informed us of your desire for a new delivery.
Withdrawal Restrictions
You must bear the loss in value of the goods if we find upon their return that there has been a deterioration in the form of damage, soiling, or the like to the product (packaging). In this case, we are entitled to charge for damages up to the full amount of the product price. A refund of the initial shipping costs will not occur in any case.
The right of withdrawal expires for products that are not suitable for return for health and/or hygiene reasons and whose seal has been damaged or opened after delivery. If a withdrawal still occurs, it is invalid, and a refund of the purchase price is excluded. In this case, the product is no longer saleable. Should you wish for a new delivery of your order in this case, a processing fee of €3.50 and the corresponding postage for the new delivery will be at your expense. Shipping will occur after the corresponding amount has been received. We request payment within five days after you have informed us of your desire for a new delivery.
End of Withdrawal Information
Withdrawal Form
Date
JESAJA BRUCH®
Rothenpark 05
CH-6015 Lucerne
Withdrawal
Hereby, the undersigned Mr./Ms.
withdraws from the contract with order number for the purchase of the following goods:
ordered on
received on
I have taken note of the conditions of a proper withdrawal. I will return the goods at my own expense without further delay and in any case within 14 days from the day on which I withdrew from the purchase contract to the address provided above. In return, I expect the refund of all amounts paid by me, totaling
of € within 14 days from the day on which I withdrew.
Sincerely,
Notice of Defects/Warranty
The customer must inspect the goods immediately upon receipt for accuracy, completeness, and any potential damage. If there are visible damages to the transport packaging from the outside, please inform the courier and request that the damage be documented and acknowledged.
The statutory warranty provisions apply for defects due to manufacturing errors / material or production defects. In this case, you can demand the rectification of the defect or the delivery of goods free from defects (subsequent performance). The customer’s warranty claims are limited to a replacement delivery of the same product.
For any complaints, please contact us in advance at the following address/email. Please provide us with your customer number, order number, and your reason for the complaint. Please also provide photographic material.
JESAJA BRUCH®
Rothenpark 05
CH-6015 Lucerne
service@jesajabruch.com
We will get back to you after reviewing your complaint.
Any Complaints
We care about our customers’ satisfaction. You can reach us at any time using the contact information provided above. We strive to review your inquiries and any complaints as quickly as possible.
Liability
JESAJA BRUCH® is not liable for breaches of its own obligations under these terms and conditions and the related contractual relationships for damages caused by willful intent or gross negligence. Liability for slight and moderate negligence, as well as for indirect and consequential damages, is excluded, regardless of whether it arises from a contract, tort, or any other reason. Indirect damages include, for example, financial losses, reputational damage, or those arising from temporary disruptions or interruptions of the availability of our services. Furthermore, JESAJA BRUCH® assumes no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide the service.
The above exclusions and limitations of liability do not apply in cases of culpable harm to life, body, and health directly caused by JESAJA BRUCH® and in cases of mandatory legal regulations, including the provisions of the Product Liability Act.
Event Outside Our Control
In the event of an occurrence that is outside our control and influence (force majeure), we accept no liability or responsibility for non-fulfillment or delayed performance of any obligations under these terms and conditions and the related contractual relationship. An event outside our control may include the following cases:
Strikes, blockades, or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the unavailability of rail, shipping, air, road transport routes, or other means of public or private transport.
Should an event outside our control occur that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.
Data Protection
JESAJA BRUCH® collects and processes personal data only within the framework of legal provisions, particularly in compliance with applicable data protection laws. For more information regarding the processing of your personal data, your rights, and related questions, please refer to our privacy policy at [Link], which is an integral part of these terms and conditions.
Copyright
The information and content published on the website are protected by copyright and are the property of JESAJA BRUCH® or the respective rights holder. Reproduction, editing, distribution, or any other form of utilization is not permitted without prior written consent from the respective rights holder. JESAJA BRUCH® and the relevant rights holder expressly reserve all rights in this regard.
Online Dispute Resolution
The European Commission has established an online platform for alternative dispute resolution for consumers based in the EU, which provides for an out-of-court procedure for resolving all disputes related to and arising from online sales contracts. You can use this platform to resolve disputes that arise from the online contract concluded with us. The platform is available at http://ec.europa.eu/consumers/odr/. However, we are not obliged to participate in such a procedure.
Applicable Law
The legal relationship between you as a customer and JESAJA BRUCH® is governed by the laws of the Federal Republic of Germany. The provisions of the Vienna UN Sales Convention do not apply. The same applies to any other international agreements, even after their incorporation into German law. In contracts with consumers, this choice of law only applies insofar as the granted protection is not deprived by mandatory provisions of the law of the country in which the consumer has their habitual residence.
Jurisdiction
The exclusive jurisdiction is agreed to be the business location of JESAJA BRUCH®.
Severability Clause
Should any of the provisions of these terms and conditions be or become unlawful, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that best reflects the economic purpose of the provision and the intention of the parties at the time of the contract’s conclusion. The same applies to any gaps in these terms and conditions.
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