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 that you conclude with us as the provider (Janzen Ventures GmbH) via the website www.myfruits.eu. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is rejected.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) As soon as the respective product is posted on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system subject to the conditions stated in the item 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal details as well as the payment and shipping conditions, the order details are finally displayed to you as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the internet browser) or to cancel the order.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special Agreements on 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 in each case:
- Sofortüberweisung (Instant Bank Transfer): Available in Germany and Austria. Your account will be debited immediately after placing the order.
Further information and Klarna's user terms can be found here. General information about Klarna can be found here. Your personal data is handled by Klarna in accordance with the applicable data protection regulations and as described in Klarna's privacy policy.
Further 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 concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain title to the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) Statutory warranty rights exist.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the forwarding agent of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of this by us prior to submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own details and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion through rectification or replacement delivery. If the defect is not eliminated, you can request a price reduction or withdraw from the contract at your discretion. The elimination of the defect is deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the goods or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for culpably caused damage attributable to us arising from injury to life, body or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with warranty rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Janzen Ventures GmbH
Zunftstraße, 26
77694 Kehl
Germany
Phone: 078549868925
Email: j.janzen@janzen-ventures.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After the order has been received by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data sent to you in text form as part of a binding offer, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the Buyer's Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The resulting shipping costs are not included in the purchase price. They can be accessed via an appropriately designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free delivery has been promised.
6.3. Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under an appropriately designated button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract become due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. Statutory Warranty Rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 01.01.2022