General Terms and Conditions

§ 1 Validity, definitions of terms

(1) Malantis GmbH, Königstr.
10c, 70173 Stuttgart, Germany (hereinafter: “we” or “JONDI&MOON”) operates an online store for goods under the website https://jondiandmoon.de.
The following general terms and conditions and terms of use apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
“Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of a contract apply to orders placed via our online store at https://jondiandmoon.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store.
The order is placed in the following steps:

1. Selection of the desired goods,
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
3. Check the details in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Complete the order by clicking the “Buy now” button.
   This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) If the contract is concluded, the contract is concluded with Malantis GmbH, Königstr.
10c, 70173 Stuttgart, Germany.
(5) Before the order is placed, the contract data can be printed out using the browser’s print function or saved electronically.
The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically.
We do not save the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”).
They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail.
You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract is our online store:

1. The sale of goods.
   The specific goods on offer can be found on our product pages.

(2) The essential characteristics of the goods can be found in the item description.
If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement).
Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account.
The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer.
Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs.
The shipping costs will be clearly indicated on the offers, in the shopping cart system and on the order overview.
From an order value of € 30.00 there are no shipping costs within Germany.
Different shipping costs may apply to other countries within the delivery areas.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: approx. 1-3 working days after receipt of payment).
(5) Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
There may be temporary or permanent restrictions on delivery areas.
Should such a restriction occur, it is not possible to select the corresponding destination country in the shopping cart or at the checkout.
(6) If no or no deviating delivery time is specified for the respective goods in our webshop, it is 1-3 working days within Germany.
You can find out about delivery times to other European countries under shipping costs.
The delivery times apply as long as we have the product you have ordered in stock.
Public holidays affect the delivery time of your order and lead to a postponement of the delivery.
(7) We naturally always endeavor to ensure sufficient availability of the goods displayed in our webshop.
However, we ask for your understanding that we cannot guarantee availability at all times.
If a product is temporarily unavailable, we will inform you of this in the order confirmation.

§ 5 Payment

(1) You can pay by credit card, PayPal, Sofort by Klarna and in the countries where this is available. It is currently not possible to order products by subscription. (2) We reserve the right to reject a payment method chosen by you and to make delivery dependent on another payment method. If you reject a payment by the payment method selected by us, we are entitled to withdraw from the contract. (3) When paying with PayPal, you will be automatically redirected to the PayPal page. There you can log in with your login data and then confirm the payment. The debit is made by credit card, direct debit, credit or Giropay – depending on which of the payment methods you have stored there. If you do not yet have a PayPal account, you can create one on the provider’s website. (4) Sofort by 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: Available in Germany. Your account will be debited immediately after placing the order. Direct debit: Available in Germany. Your account will be debited after the goods have been dispatched. You will be informed of the date by e-mail. Credit card (Visa/Mastercard): Available in Germany. The amount will be debited after the goods have been dispatched. The use of the direct debit payment method requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s privacy policy.” After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.

§ 7 Right of withdrawal

(1) As a consumer, you have a right of withdrawal.
This is governed by our cancellation policy.
(2) Unless expressly agreed otherwise between the customer and us, there is no right of withdrawal for the following contracts: (2.1) Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery or are no longer to be considered as new.

§ 8 Contract language

The contract language is exclusively German.

§ 9 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) Our liability shall remain unaffected irrespective of our fault in the event of fraudulent concealment of the defect or from the assumption of a guarantee.
(3) We shall also be liable for the impossibility of delivery occurring by chance during our delay, unless the damage would also have occurred if delivery had been made on time.
(4) The restrictions of paragraphs (1) to (3) shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(5) All instructions on the packaging and instructions for use must be observed.
No liability is accepted for any use and/or handling that deviates from these instructions.

§ 10 Warranty

(1) The warranty is based on the statutory provisions.
(2) If products are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible, but within 2 weeks at the latest, and please contact us immediately.
Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights.

§ 11 Returns

(1) We would like to point out that some of the products we sell may consist of fragile components and must therefore be handled with care.
We therefore recommend that you use the original packaging when returning the products, if possible, even if it has been damaged by opening.
The use of the original packaging is not obligatory and your rights (in particular rights of withdrawal) are not restricted or excluded by this.
However, by returning the goods in the original packaging, you can prevent us from demanding compensation from you due to the missing original packaging.
(2) We hereby expressly point out that you must pay compensation for any damage caused by improper packaging during the return transport to us (e.g. as a result of a revocation).

§ 12 Final provisions / Dispute resolution

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany or
(b) your habitual residence is in a country that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
(2) If, contrary to your statements when placing the order, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Stuttgart.
If the customer is a merchant, a legal entity under public law or a special fund under public law at the time the contract is concluded, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Stuttgart.
(3) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract.
The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose.
The same applies in the event of a loophole.
(4) We would like to point out that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and are not prepared to do so.
Rather, we always endeavor to resolve any conflicts with our customers ourselves.