General Terms and Conditions of Josephinenhütte GmbH

1. Scope of application

(1) These General Terms and Conditions (hereinafter referred to as "GTC") of Josephinenhutte, Inc. (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop.

(2) Seller’s GTC shall apply in accordance with the most recent version and to all subsequent
transactions without any need of express reference thereto or agreement thereon at the
conclusion of such transaction.

(3) Seller hereby objects to any counter confirmation, counter offer or other reference by the
Customer to its general terms and conditions; any dissenting terms and conditions of the
Customer shall only apply if Seller has confirmed the same in writing.

(4) The Customer may not assign any claims arising from transactions with Seller without Seller’s
written approval.

(5) In case the Customer is a consumer Seller expressly reserves the right to offer and deliver goods to the Customer only in quantities customary for households. For the purposes of these GTC, (i) a “consumer” is any natural person who concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.

(6) The offer in the online shop is currently exclusively aimed at customers who have their usual place of residence in one of our delivery areas and can provide a respective delivery address.

 2. Conclusion of Contract

(1) With the exception of advance payment, credit card, Klarna and PayPal, the range of goods offered by the Seller in the online shop is not a legally binding offer to conclude a purchase contract, but merely a non-binding online catalogue for information about the range of goods in the Online Shop and an invitation to place an order.

(2) The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or by e-mail.

(3) The Seller may accept the Customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

- by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

(4) When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

(5) Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

(6) Contract language is English.

(7) Order processing and contact are usually carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the seller to process the order can be delivered.

(8) In the case of quotation requests outside the online shopping basket system, Customer will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which Customer can print out or save electronically.

3. Cancellation policy for consumers

(1) As a consumer, the Customer is entitled to a right of cancellation in accordance with the following cancellation policy:

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise the right of withdrawal, you must contact us.

Josephinenhutte, Inc.
E-Mail: info@josephinen.com 

by means of a clear declaration (e.g. a letter sent by post, or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically here. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of cancellation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to Josephinenhutte, Inc., 1175 Florence Columbus Road, # Unit B A9 A10 c/o ELSS EL232, Fieldsboro New Jersey 08505, United States without delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

We will bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.

End of the cancellation policy

(1) Pursuant to Section 312(g) of the German Civil Code (BGB), the right of withdrawal does not apply, inter alia,

 a) in the case of the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal requirements; and

b) in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

4. Price and Terms of Payment

(1) Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

(2) In the case of deliveries to countries outside the United States of America, in particular to Canada, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the United States of America, but the customer makes the payment from a country outside the United States of America.

(3) The payment option(s) will be communicated to the Customer in the Seller's online shop.

(4) If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

(5) If a payment method offered via the payment service "Shopify Payments" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

(6) If the purchase on account payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

(7) The Customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognized by the Seller in writing. In addition, the Customer is only authorized to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

5. Special agreements related to the offered payment methods

(1) Payment on account and finance with Klarna

 In collaboration with Klarna Seller is offering Customer purchases on account and payment in installments as a payment option. Please note that Klarna payment on account and payment by instalments are only available to consumers and each payment shall be made to Klarna.

Payment on account

When purchasing on account with Klarna Customer always receives the goods first and shall always have 14 days to make payment. The full terms and conditions of purchase on account can be found here.

Payment by instalments with Klarna

With Klarna's financing service Customer can pay for its purchase flexibly in monthly instalments of at least 1/24 of the total amount (minimum €6.95). Further information on Klarna's payment by instalments option including the General Terms and Conditions and the Standard European Consumer Credit Information can be found here.

Privacy Statement

Klarna verifies and analyses Customer’s information and may exchange data with other companies and credit reporting agencies if there is legitimate interest and reason. Customer’s personal information shall be handled in accordance with the current data protection regulations and in keeping with the information in Klarna's Data Protection Regulations.

(2) Payment via Klarna Checkout

Seller offers the following payment options in cooperation with Klarna. Payment is always made to Klarna:

• Klarna invoice: Payable within 14 days of the invoice date. The invoice is issued upon dispatch of the goods and sent by email. Find the payment conditions here.
• Klarna credit sale agreement: With Klarna's finance service, Customer can flexibly pay for its purchase in monthly instalments of at least 1/24 of the total amount (however, at least EUR 6.95). Find more information on the Klarna credit sale agreement, including general terms and conditions and the European standard information for consumer credit here. 
• instant transfer
• credit card (Visa/Mastercard)
• direct debit

Payment options are provided as part of Klarna Checkout. Find more information and terms of use for Klarna Checkout here. Get more information on Klarna here. Customer’s personal details will be handed by Klarna in accordance with the valid data protection provisions and the respective information in Klarna's data protection provisions. 

6. Delivery, Delivery Times, Shipping Conditions and Availability of Goods

(1) Deliveries are made to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive.

(2) A delivery will only be made to an address within our delivery area. For details of Seller's delivery area, please refer to the “Shipping and delivery” page. Seller reserves the right to make partial deliveries within the scope of what is reasonable for the Customer. Seller will inform the Customer of this in the shipping confirmation.

(3) If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the Customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs. Self-collection is not possible for logistical reasons.

(4) Seller shall inform the Customer of the delivery time during the ordering process. Seller will inform the Customer without delay about delivery delays due to force majeure or other reasons for which it is not responsible and inform the Customer of a new delivery period that is reasonable under the respective circumstances. If the goods cannot be delivered within the new delivery period for reasons for which Seller is not responsible, Seller may withdraw from the contract in whole or in part. Any consideration already paid by the Customer will be refunded immediately. If the Customer cannot reasonably be expected to accept the delivery due to the delay, he can withdraw from the contract by submitting a timely declaration in text form (i.e., in writing, by fax or email) to the Seller. Further statutory rights of the Customer remain unaffected.
(5) The risk of accidental loss and accidental deterioration of the sold item during shipment shall not pass to Customer until the goods are handed over to Customer, regardless of whether the shipment is insured or uninsured. This does not apply if Customer have independently commissioned a transport company not named by the Seller or a person otherwise designated to carry out the shipment.
(6) If goods are marked as not available in the online shop, the Customer can mark these items by clicking on the “reserve” button. As soon as the desired goods are available, Seller shall inform the Customer by email and provide the Customer with a link in this email to start the ordering process.

7. Retention of Title

(1) Until full payment of the purchase price, the delivered goods remain the property of the Seller.

(2) If the Customer is an entrepreneur, the following shall apply in addition:

a) Seller retains title to the goods until all claims arising from the current business relationship have been settled in full. Before the transfer of ownership of the goods subject to retention of title, a pledge or transfer of ownership by way of security is not permitted;

b) Customer may resell the goods in the ordinary course of business. In this case Customer already now assigns to Seller all claims in the amount of the invoice amount accruing to Customer from the resale; Seller accepts the assignment. Customer is further authorized to collect the claim. However, insofar as Customer does not properly fulfil its payment obligations, Seller reserves the right to collect the claim itself;

c) If the reserved goods are combined and mixed, Seller shall 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) Seller undertakes to release the securities to which Seller is entitled at Customer’s request insofar as the realizable value of Seller’s securities exceeds the claim to be secured by more than 10% (in words: ten per cent). The selection of the securities to be released is incumbent upon the Seller.

8. WARRANTY

(1) IN THE EVENT OF DEFECTS, THE CUSTOMOR’S CLAIMS FOR SUBSEQUENT PERFORMANCE, REDUCTION AND WITHDRAWAL FROM THE CONTRACT SHALL BE GOVERNED BY THE STATUTORY PROVISIONS. WITHIN THE SCOPE OF SUPPLEMENTARY PERFORMANCE, THE CUSTOMER MAY DEMAND NEW DELIVERY OR RECTIFICATION OF DEFECTS. HOWEVER, THE SELLER IS ENTITLED TO REFER THE CUSTOMER TO A NEW DELIVERY IF THE ELIMINATION OF THE DEFECT WOULD INVOLVE DISPROPORTIONATE EFFORT. THE CUSTOMER’S RIGHT TO CLAIM DAMAGES OR REIMBURSEMENT OF FUTILE EXPENSES IS GOVERNED BY SECTION 9 OF THESE GTC.

(2) WARRANTY CLAIMS EXPIRE TWO YEARS AFTER DELIVERY OF THE GOODS.

(3) AS A CONSUMER, THE CUSTOMER IS REQUESTED TO CHECK THE SOLD ITEM IMMEDIATELY UPON DELIVERY FOR COMPLETENESS, OBVIOUS DEFECTS AND TRANSPORT DAMAGE AND TO NOTIFY THE SELLER AND THE CARRIER OF ANY COMPLAINTS AS SOON AS POSSIBLE. IF CUSTOMER DOES NOT COMPLY WITH THIS, THIS HAS NO EFFECT ON THE STATUTORY WARRANTY CLAIMS.

(4) IN THE PRODUCTION OF GLASS PRODUCTS, MINOR DEVIATIONS IN PRODUCTS FROM THE SAME SERIES – IN PARTICULAR WITH REGARD TO SIZE, WEIGHT, OVALITY OR THE VERTICAL AXIS ACCORDING TO THE RESPECTIVE TECHNICAL DRAWINGS – MAY OCCUR FOR TECHNICAL AND MATERIAL REASONS, WHICH SELLER CANNOT INFLUENCE. IN THE CASE OF HANDMADE PRODCUTS OR HANDMADE PRODUCT PARTS, SAMPLE AND SIZE DEVIATIONS MAY OCCUR. SUCH DEVIATIONS IN PRODUCTS, IN PARTICULAR ALSO IN COMPARISON TO PREVIOUS DELIVERIES OF THE SAME PRODUCT, THEREFORE DO NOT CONSTITUTE DEFECTS AND DO NOT ENTITLE TO WARRANTY CLAIMS.

(5) GLASSES SOLD BY THE SELLER ARE DISHWASHER SUITABLE. MECHANICAL SURFACE DAMAGE IS EXCLUDED FROM THIS WARRANTY.

(6) THE CUSTOMER’S RIGHT IN THE EVENT OF DEFECTS DO NOT APPLY IF A DEFECT ARISES FROM THE CUSTOMER’S FAILURE TO OBSERVE THE INSTRUCTIONS OR RECOMMENDATIONS OF THE SELLER, IN PARTICULAR INSTRUCTIONS RELATING TO THE PROCESSING OR USE OF THE PRODUCT OR GENERALLY ACCEPTED PRACTICES TO THE USE OF THE PRODUCT.

(7) IF CUSTOMER IS AN ENTREPRENEUR, THE FOLLOWING APPLIES IN DEVIATION AND IN ADDITION TO THE ABOVE WARRANTY PROVISIONS:

a) ONLY SELLER’S OWN SPECIFICATIONS AND THE MANUFACTURER’S PRODUCT DESCRIPTION SHALL BE DEEMED AGREED AS THE QUALITIY OF THE ITEM, BUT NOT OTHER ADVERTISING, PUBLIC PROMOTIONS AND STATEMENTS BY THE MANUFACTURER;

b) IN THE EVENT OF DEFECTS, SELLER SHALL, AT SELLER’S DISCRETION, PROVIDE A WARRANTY BY RECTIFICATION OF THE DEFECT OR SUBSEQUENT DELIVERY. IF THE RECTIFICATION OF DEFECTS FAILS; CUSTOMER MAY, AT CUSTOMERS DISCRETION, DEMAND A REDUCTION IN PRICE OR WITHDRAW FROM THE CONTRACT. THE RECTIFICATION OF DEFECTS SHALL BE DEEMED TO HAVE FAILED AFTER A SECOND UNSUCCESSFUL ATTEMPT, UNLESS THE NATURE OF THE ITEM OR THE DEFECT OR OTHER CIRCUMSTANCES INDICATE OTHERWISE. IN THE EVENT OF RECTIFICATION OF DEFECTS, SELLER SHALL NOT BE OBLIGED TO BEAR THE INCREASED COSTS ARISING FROM THE TRANSFER OF THE GOODS TO A PLACE OTHER THAN THE PLACE OF PERFORMANCE, PROVIDED THAT THE TRANSFER DOES NOT CORRESPONDEND TO THE INTENDED USE OF THE GOODS;

c) THE WARRANTY PERIOD IS ONE YEAR FROM THE DELIVERY OF THE GOODS, UNLESS PROHIBITED BY STATUTORY LAW. THE SHORTENING OF THE PERIOD SHALL, INTER ALIA, NOT APPLY

•  FOR CULPAPLY CAUSED DAMAGE ATTRIBUTABLE TO SELLER ARISING FROM INJURY TO LIFE, LIMB OR HEALTH AND IN THE CASE OF OTHER DAMAGE CAUSES INTENTIONALLY OR BY GROSS NEGLIGENCE;
• INSOFAR AS SELLER HAS FRAUDENTLY CONCEALED THE DEFECT OR HAS ASSUMED A GUARANTEE FOR THE QUALITY OF THE ITEM;
• IN THE CASE OF STATUTORY RIGHTS OF RECOURSE THAT CUSTOMER HAS AGAINST SELLER IN CONNECTION WITH DEFECT RIGHTS.

9. LIABILITY

(1) THE SELLER SHALL BE LIABLE WITHOUT LIMITATIONS FOR INTENT AND GROSS NEGLIGENCE.

(2) FURTHERMORE, THE SELLER IS LIABLE IN THE FOLLOWING CASES:

a) FOR DAMAGES ARISING FROM NON-COMPLIANCE WITH ANY GUARANTEES GIVEN IN WRITING TO THE EXTENT OF YOUR PECUNIARY INTEREST AS PURCHASER WHICH IS COVERED BY THE PURPOSE OF THE GUARANTEE AND WAS RECOGNISABLE TO SELLER WHEN IT WAS GIVEN;

b) IN CASES OF PRODUCT LIABILITY IN ACCORDANCE WITH THE PRODUCT LIABILITY ACT.

(3) IN THE EVENT OF NEGLIGENTLY (SLIGHT AND/OR ORDINARY NEGLIGENCE) CAUSED DAMAGE TO PROPERTY AND FINANCIAL LOSS, SELLER SHALL ONLY BE LIABLE IN THE EVENT OF A BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION, BUT LIMITED IN AMOUNT TO THE DAMAGE FORESEEABLE AT THE TIME OF CONCLUSION OF THE CONTRACT AND TYPICAL FOR THE CONTRACT. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE WHOSE FULFILLMENT CHARACTERIZES THE CONTRACT AND ON WHICH THE CUSTOMER COULD EXPECT TO RELY.

(4) ANY LIABILITY BEYOND THE SCOPE OF THIS CONTRACT IS EXCLUDED, IRRESPECTIVE OF THE LEGAL NATURE OF THE ASSERTED CLAIM.

(5) INSOFAR AS LIABILITY IS EXCLUDED OR LIMITED IN ACCORDANCE WITH THESE GTC, THE SAME WILL APPLY TO THE LIABILITY, INCLUDING BUT NOT LIMITED TO THE EMPLOYEES, REPRESENTATIVES AND VICARIOUS AGENTS OF THE SELLER.

10. Termination

If Customer is an entrepreneur, the following shall apply:

a) Unless otherwise agreed individually, the right of both parties to terminate without notice for good cause shall remain unaffected;

b) In particular, the parties shall have a right of termination for good cause if the other party ceases its payments or files for insolvency proceedings or comparable statutory proceedings against its assets or if insolvency proceedings are opened against the assets of the other party or are rejected for lack of assets;

c) All notices of termination shall be in writing.

11. Data protection

(1) All personal data provided by the Customer shall be collected, processed and used exclusively in accordance with the applicable data protection provisions.

(2) In order to process the contract concluded with the Customer, it is necessary to process the Customer's personal data. Seller processes the contact, order and payment information of the Customer. The basis for the processing is the contract concluded between the Parties (Article 6 (1b) EU General Data Protection Regulation). Due to the obligation to keep records under commercial and tax law, the Customer's data in connection with the contract will be stored for up to 10 years. Any further processing of personal data shall only take place within the framework of the legal basis, other contracts concluded between the Customer and Seller or consent granted by the Customer.

(3) Details on the scope of the processing of the Customer's personal data can be found in the general data protection information (Art. 12-14 DSGVO) here.

12. Final Provisions

(1) The law of the Federal Republic of Germany shall exclusively apply to contracts between the Seller and the Customer, excluding the UN Sales Convention and private international law (conflict of laws).

(2) If the Customer is a merchant, the exclusive place of jurisdiction for legal disputes arising from and in connection with this contract shall be Berlin/Germany.

(3) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Identity of the Seller, Contact Information

Josephinenhutte Inc.
Email: info@josephinen.com

E-Mail: info@josephinen.com

Represented by the CEO: Marcus Meyer with registered offices in 1209 N Orange St, Wilmington, DE 19801 United States of America.

Complaints may be filed at the address indicated above.