General terms and conditions with customer information

1. Scope
1.1. The business relationship between Justbe GmbH & Co. KG, St.Michael 49, 91056 Erlangen (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and objections on working days from 9 a.m. to 6 p.m. by calling 09131 6103463 or by email at info@just-be.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code).
1.4. Any deviating conditions of the customer will not be accepted unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not have the character of a representation or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the "Add to cart" button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on the "Continue to checkout" button.
3.2. By clicking on the “order with payment” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser’s “back” function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by email, 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 merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item will therefore be reserved for a maximum of 10 calendar days when paying in advance.

4. Prices and shipping costs
4.1 All prices stated on the Seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the seller will charge shipping costs for delivery. The shipping costs will be 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. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose 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 provided.
5.4. Customers will be 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. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods 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 deduction.
6.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
6.4. If the payment is due according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5 The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.
6.6. The customer is only entitled to a right of set-off 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 full payment has been made.

8. Warranty and guarantee for material defects
8.1 The warranty is determined according to statutory provisions.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
9.2 The Seller shall be liable without limitation if 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 fulfilment 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 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 event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 To the extent that 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 the customer. With the order confirmation, the customer also receives a copy of the general 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 view your placed orders in your profile area. We also save the contract text, but do not make it available 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 The contract language is German.
11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

12. Cooperation agreement for affiliate partners, terms and conditions

a) Terms and Conditions

 These general terms and conditions apply exclusively to contracts concluded between Justbe GmbH & Co. Kg; St. Michael 49; 91056 Erlangen (hereinafter referred to as "Justbe") and its affiliate contract partners (hereinafter referred to as "Partners"). The general terms and conditions of its partners do not form the basis of the contract 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 of charge for the partner.

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

1. Justbe provides its partner with an affiliate link, which the partner integrates in unchanged quality, well positioned, technically correct, e.g. on its homepage, Instagram page or Facebook.
2. Justbe logs all clicks on the affiliate link provided and records them statistically using an affiliate plugin integrated into the Justbe website. The partner has access to his or her own user profile and can call up the commission overview at any time. The right to commission only arises when orders placed via the homepage www.just-be.com are processed completely and successfully. The decisive point in time is the actual payment of the purchase at Justbe.
3. The partner receives a commission of 10% gross of the order (including shipping and any vouchers) for each online order placed via their homepage. The right to commission only arises if the internet booking has been completed completely and successfully.
4. The commissions are settled with the partner monthly by PayPal no later than the 5th weekday of the following month. Any objection to this settlement must be made in writing within one month of receipt of the settlement, otherwise its accuracy is expressly and unconditionally acknowledged. Objections and claims to commission made later expire.
5. Monthly balances must be at least € 50.00 to be paid out. If this is not met, the commission for the following month will be added until the minimum amount is exceeded. No interest is paid. Transfers are made in euros. If the partner is subject to sales tax, he must provide the sales tax ID or tax number, including the tax office, when registering. Expenses and costs incurred by the partner will not be reimbursed by Justbe. Valid from: October 1st, 2019

c) Warranty and liability

The parties agree to limit Justbe's warranty obligations to improvement or replacement of its services. The parties agree to limit the liability of Justbe and its agents for damages, regardless of the legal basis, to gross negligence and intent. Liability for lost profits and atypical and unforeseeable consequential damages is also excluded in the event of intent or gross negligence. The partner will fully indemnify and hold Justbe harmless for claims brought against Justbe due to the violation of legal or contractual provisions by him or his agents, including the necessary and appropriate costs of legal defense.

d) Duration, termination and cancellation of the contract

The affiliate partner registers as a partner on the Justbe homepage. If Justbe accepts the request, the partner receives a written confirmation at the email address provided 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 tacitly accepts it

The contract is concluded for an indefinite period and can be terminated by either party at any time in writing with a notice period of 5 working days, whereby Saturday is not considered a working day. Online orders placed up to the end of the notice period will be processed in accordance with the above provisions of this contract. After these 5 working days have expired, the partner is obliged to deactivate the affiliate link and remove it, as well as any banners etc. provided, from its website or other online tools. In the event of an important reason, including the opening of bankruptcy proceedings against the partner's assets and the rejection of a bankruptcy application due to a lack of assets to cover costs, as well as incorrect information in the application form, Justbe is entitled to terminate the contract immediately.

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

The place of performance is D-91056 Erlangen. The Nuremberg Arbitration Court has exclusive jurisdiction for all disputes arising from this contract, ancillary agreements or other agreements made between the parties. German law, excluding its reference rules and excluding the UN Convention on Contracts for the International Sale of Goods, applies exclusively to the entire contract, ancillary agreements or other agreements made between the parties.

f) Changes to these General Terms and Conditions, Severability Clause

1. a) Justbe is entitled to make changes to these General Terms and Conditions, which will be communicated to the partner by sending a copy of the amended General Terms and Conditions by email. If the contractual partner does not agree to the changes, he is entitled to terminate the contract within 5 working days of receipt. If the right of termination is not exercised, the amended General Terms and Conditions will apply from then on.
2. b) Should individual clauses of the General Terms and Conditions be ineffective, the effectiveness of the remaining clauses shall not be affected. The ineffective clause shall be replaced by the permissible provision that comes closest in economic terms to the economic purpose of the ineffective clause.