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Terms and Conditions (T&C) of Jonathan Hofmeister

Last updated on January 1, 2024

1. Introduction

These terms and conditions apply to this website and any transactions related to our products and services. You may also be subject to additional contracts that relate to your relationship with us or any products or services you receive from us. If any provisions of the supplementary contracts conflict with these terms, the provisions of the supplementary contracts will take precedence.

2. Binding Nature

By registering, accessing, or otherwise using this website, you agree to be bound by these terms and conditions listed below. The mere use of this website signifies your knowledge and acceptance of these terms. In some cases, we may also ask you to explicitly agree.

3. Electronic Communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you consent to receive all agreements, notices, disclosures, and other communications that we provide to you electronically. This includes, but is not limited to, the requirement that such communications be in writing.

4. Intellectual Property

We or our licensors own and control all the copyrights and other intellectual property rights on the website, as well as the data, information, and other resources displayed on or accessible from the website.

4.1 Creative Commons

The content of this website is available under a Creative Commons Attribution License, unless otherwise stated.

5. Third-Party Property

Our website may contain hyperlinks or other references to other parties‘ websites. We do not monitor or review the content of other parties‘ websites linked from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. Opinions or materials expressed on such websites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We accept no responsibility for any loss or damage of any kind resulting from your disclosure of personal information to third parties.

6. Responsible Use

By visiting our website, you agree to use it only for the purposes intended and permitted by these terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious computer software. Use data collected from our website for direct marketing activities, or conduct systematic or automated data collection activities on or concerning our website.

Engaging in any activity that causes or may cause damage to the website or impair the performance, availability, or accessibility of the website is strictly prohibited.

7. Refund and Return Policy

7.1 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 of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax, or email). You can find our contact details below. You may use the attached model withdrawal form, but it is not obligatory.

You can also electronically fill in and submit the model withdrawal form or any other clear statement on our website.

If you use this option, we will communicate to you an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email) without delay.

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.

7.2 Effects of Withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose 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 make the 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.

If you have requested the performance of services during the withdrawal period, you shall pay us an amount proportional to the services rendered until you have communicated to us your withdrawal from this contract, compared to the full coverage of the contract.

Please note that there are some statutory exceptions to the right of withdrawal, and therefore, some items cannot be returned or exchanged. We will inform you if this applies in your specific case.

7.3 Withdrawal Form

Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract.)

To:
Jonathan Hofmeister
Sternstraße 28
40479 Düsseldorf

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.

8. Submission of Ideas

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you wish to present to us unless we have previously signed a written agreement regarding intellectual property or a confidentiality agreement. If you disclose any such information to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.

9. Termination of Use

We may, at our sole discretion, modify or discontinue access to, temporarily or permanently, the website or any service on it at any time. You agree that we are not liable to you or any third party for any such modifications, suspension, or discontinuation of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment even if certain features, settings, and/or content you have contributed or relied on are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.

10. Warranties and Liability

Nothing in this section limits or excludes any warranty implied by law that would be unlawful to limit or exclude. This website and all content on the website are provided „as is“ and „as available“ and may include inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind regarding the availability, accuracy, or completeness of the content. We make no warranty that:

  • This website or our products or services will meet your requirements;
  • This website will be available uninterrupted, timely, secure, or error-free;
  • The quality of any products or services purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes, or is meant to constitute, legal, financial, or medical advice of any kind. If you require advice, you should consult an appropriate professional.

The following provisions of this section apply to the maximum extent permitted by applicable law and do not limit or exclude our liability regarding matters for which it would be unlawful or illegal for us to limit or exclude our liability. We shall not be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software, or database, or loss or damage to property or data) incurred by you or any third party arising from your access to or use of our website.

Except as expressly provided in an additional contract, our maximum liability to you for all damages arising from the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, willful conduct, tort or otherwise) will be limited to the total price you paid to us to purchase such products or services or use the website. This limitation applies to all your claims, actions, and causes of action of every kind and nature.

11. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your privacy seriously and are committed to protecting your personal information. We will not use your email address for unsolicited emails. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Policy and our Cookie Policy.

12. Accessibility

We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and cannot access any part of our website, please contact us with a detailed description of the issue you encountered. If the issue is easily identifiable and can be resolved using standard information technology tools and techniques, we will promptly resolve it.

13. Export Restrictions / Legal Compliance

Access to the website from territories or countries where the content or purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of German export laws and regulations.

14. Assignment

Without our prior written consent, you may not assign, transfer or subcontract any of your rights and/or obligations under these terms and conditions, in whole or in part, to any third party. Any purported assignment in violation of this section will be null and void.

15. Violations of These Terms and Conditions

Notwithstanding our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take any actions we deem appropriate to deal with the breach, including suspending your access to the website temporarily or permanently, contacting your internet service provider to request that they block your access to the website, and/or initiating legal proceedings against you.

16. Indemnification

You agree to indemnify, defend, and hold us harmless from all claims, liabilities, damages, losses, and costs associated with your violation of these terms and conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses related to or arising from such claims.

17. Waiver

Failure to enforce any of the provisions of these terms and conditions and any agreement, or failure to exercise any termination option, shall not be construed as a waiver of such provisions and shall not affect the validity of these terms and conditions or any agreement or any part thereof or the right thereafter to enforce each and every provision.

18. Language

These terms and conditions will be interpreted and construed exclusively in German. All notices and communications will be written exclusively in this language.

19. Entire Agreement

These terms and conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Jonathan Hofmeister regarding your use of this website.

20. Updating of these Terms and Conditions

We may update these terms and conditions from time to time. You are obliged to regularly check these terms and conditions for changes or updates. The date provided at the beginning of these terms and conditions is the last revision date. Changes to these terms and conditions will become effective upon such changes being posted on this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions.

21. Choice of Law and Jurisdiction

These terms and conditions are governed by the laws of Germany. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Germany. If any part or provision of these terms and conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted, and/or enforced to the maximum extent permissible to give effect to the intent of these terms and conditions. The remaining provisions will not be affected.

22. Contact Information

This website is owned and operated by Jonathan Hofmeister.

You can contact us regarding these terms and conditions via our contact page.

23. Formation of Contract, Storage of Contract Text

  1. The following provisions apply to orders placed via our online shop at http://jonathanhofmeister.de/shop/.
  2. In the event of the conclusion of a contract, the contract will be with:

Jonathan Hofmeister
Sternstraße 28
40479 Düsseldorf

  1. The presentation of goods in our online shop does not constitute a legally binding contractual offer on our part but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
  2. Upon receipt of an order in our online shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the ordering procedure provided in our online shop.

The order is placed in the following steps:

  1. Selection of the desired goods
  2. Confirm by clicking the „Add to Cart“ button
  3. Check the information in the shopping cart
  4. Press the „Checkout“ button
  5. Enter customer details
  6. Select payment method
  7. Binding submission of the order by clicking the „Order with obligation to pay“ or „Buy now“ button

The consumer can return to the website before submitting the binding order by pressing the „Back“ button contained in the internet browser used by the consumer after checking their details. Here, the consumer can correct input errors or cancel the ordering process by closing the internet browser. We immediately confirm receipt of the order by an automatically generated email („Order Confirmation“). With this, we accept your offer.

  1. Storage of the contract text for orders via our online shop: The GTC can be viewed at any time at https://www.jonathanhofmeister.de/agb/. For security reasons, your order data is no longer accessible via the internet.

24. Prices, Delivery, Payment, Due Date

24.1 Payment

  1. The indicated prices include the statutory value-added tax and other price components. Any shipping costs are added.
  2. The consumer has the option of payment by advance payment, PayPal, or credit card (Visa).
  3. If the consumer has chosen advance payment, they are obliged to pay the purchase price immediately after the conclusion of the contract.

24.2 Delivery

  1. Unless clearly stated otherwise in the product description, all items we offer are ready for immediate dispatch. Delivery will be made no later than within 5 working days. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the transferring bank, and for all other payment methods, the period begins on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday, or public holiday at the delivery location, the deadline will end on the next working day.
  2. The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods are handed over to the buyer, even in the case of shipment.

24.3 Retention of Title

We retain ownership of the goods until full payment of the purchase price.

25. Warranty

The statutory warranty provisions apply.

26. Contract Language

The only language available for the conclusion of the contract is German.

Generated for free by agb.de

Note: This translation is intended to provide a general understanding of the original German GTC document and does not have legal binding. For precise and binding information, please refer to the original German document.