Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Janzen Ventures GmbH) via the website www.myfroits.shop. Unless otherwise agreed, the inclusion of any of your own conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their self-employed professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing a product on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:

• The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.

• After clicking the button "Checkout" or "Proceed to Order" (or similar) and entering your personal data as well as payment and shipping details, you will finally be shown the order data as an order summary.

• If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment provider.

• If redirected to the respective instant payment system, you enter the corresponding selection or data there. Finally, the order data will be displayed on the provider's website or after you are redirected back to our online shop.

• Before submitting the order, you have the opportunity to check, change (also using the browser's "back" function), or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order for a fee," "pay" / "pay now," or similar), you legally accept the offer, thereby concluding the contract.

(4) Your inquiries to create an offer are non-binding. We provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by email, partly automatically. You must ensure that the email address you provide is correct, the receipt of emails is technically guaranteed, and in particular, not blocked by spam filters.

§ 3 Special Provisions for Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Instant transfer: Available in Germany and Austria. Your account is charged immediately after placing the order.

• Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data is handled by Klarna in accordance with applicable data protection regulations and according to Klarna's privacy policy.

• More information about Klarna can be found here. The Klarna app can be found here.

§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it relates to claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain ownership of the goods until all claims from the ongoing business relationship are fully settled. Before the transfer of ownership, pledging or transferring as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign all claims arising from resale up to the invoiced amount to us, and we accept the assignment. You are authorized to collect the claim. If you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In case of connection and mixing of reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods relative to the other processed items at the time of processing.
d) We undertake to release securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is up to us.

§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
(3) Deviations of a feature of the goods from objective requirements are only considered agreed if you were informed of them before making the contract declaration and the deviation was expressly agreed between the parties.
(4) If you are an entrepreneur, the following applies instead of the above warranty provisions:
a) Only our own specifications and the manufacturer's product description are considered agreed as the quality of the goods; other advertising, public promotions, and statements of the manufacturer do not apply.
b) In case of defects, we provide warranty at our discretion through repair or replacement. If rectification fails, you may demand a reduction or withdraw from the contract. A second unsuccessful attempt is considered failed unless the nature of the goods or defect indicates otherwise. In the case of repair, we are not obliged to bear the increased costs of transporting the goods to a location other than the place of performance, unless it corresponds to proper use.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

• For damages caused by us through fault affecting life, body, or health, and for intentionally or grossly negligently caused other damages;

• If we fraudulently concealed the defect or assumed a guarantee for the quality of the goods;

• For goods used for a building in the usual manner causing defects;

• For statutory recourse claims related to warranty rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies if it does not remove the protection granted by mandatory provisions of the law of the consumer’s habitual residence (principle of favorability).
(2) Place of performance for all services and jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law.
(3) The provisions of the UN Sales Convention do not apply.

II. Customer Information

1. Identity of the Seller
   Janzen Ventures GmbH
   Zunftstraße, 2677694 Kehl
   Germany
   Phone: 078549868925
   Email: j.janzen@janzen-ventures.com
   Alternative dispute resolution: The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/odr

2. Information on Conclusion of the Contract
   The technical steps to conclude the contract, the conclusion itself, and correction options are according to the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text
   3.1. Contract language is German.
   3.2. The full contract text is not stored by us. Before submitting the order via the online shopping cart system, contract data can be printed or electronically saved using the browser’s print function. After the order is received, the order data, legally required information for distance contracts, and the general terms and conditions are sent again by email.
   3.3. For offer inquiries outside the online shopping cart system, you receive all contract data within a binding offer in text form, e.g., by email, which can be printed or saved electronically.

4. Codes of Conduct
   4.1. We comply with the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf

5. Essential Characteristics of the Goods or Services
   The essential characteristics are found in the respective offer.

6. Prices and Payment Terms
   6.1. Prices and shipping costs in the offers are total prices, including all taxes.
   6.2. Shipping costs are not included and must be borne by you unless free shipping is promised.
   6.3. Transfer costs (bank or exchange fees) must be borne by you if the delivery is in an EU country but payment is made outside the EU.
   6.4. Available payment methods are shown on our website or in the respective offer.
   6.5. Unless otherwise stated, payment claims are due immediately.

7. Delivery Conditions
   7.1. Delivery conditions, delivery dates, and any restrictions are shown on our website or in the respective offer.
   7.2. For consumers, risk passes upon delivery. For entrepreneurs, delivery and shipping are at your risk.

8. Statutory Warranty Rights
   Warranty is regulated in §5 of the General Terms and Conditions (Part I).

These terms were created by Händlerbund’s IT-law specialists and are continuously reviewed for legal compliance. More information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 01.01.2022