General terms and conditions with customer information

1. Scope
1.1. For 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"), only the following General Terms and Conditions in their version valid at the time of the order shall apply.
1.2. You can reach our customer service for questions, complaints and objections on weekdays from 09.00 to 18.00 at the telephone number 09131 6103463 and by e-mail at office@justbedrinks.com
1.3. A consumer in the sense 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 their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the Customer are not recognized, unless the Seller expressly agrees to their validity.

2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the Seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", unless otherwise noted with the products. Errors are otherwise reserved.

3. Ordering Process and Contract Conclusion
3.1. The Customer can non-bindingly select products from the Seller's assortment and collect them in a so-called shopping cart by clicking the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the Customer can proceed to complete the ordering process within the shopping cart by clicking the "Proceed to checkout" button.
3.2. By clicking the "Order with obligation to pay" button, the Customer submits a binding offer 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 entire ordering process. Required information is marked with an asterisk (*).
3.3. The Seller will then send the Customer an automatic confirmation of receipt by e-mail, 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 offer. The purchase contract is only concluded when the Seller ships or hands over the ordered product to the Customer within 2 days, or confirms the shipment to the Customer within 2 days with a second e-mail, express order confirmation, or sending of the invoice.
3.4. Should the Seller enable prepayment, the contract is concluded with the provision of bank details and payment request. If payment, despite being due, has not been received by the Seller even after a renewed request within 10 calendar days of sending the order confirmation, the Seller shall withdraw from the contract, with the consequence that the order becomes void and the Seller is not obliged to deliver. The order is then settled for both buyer and Seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.

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 stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Product Availability
5.1. If prepayment has been agreed upon, delivery will be made after receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any services already rendered to the customer.
5.4. Customers are 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. Payment Terms
6.1. The customer can choose from the available payment methods during and before the completion of the ordering 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-party providers are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.
6.4. If the payment due date is determined by calendar, the customer is already in default 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 assertion of further default damages by the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims arise 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 for Defects and Guarantees
8.1. The warranty is determined by statutory provisions.
8.2. A guarantee for the goods supplied by the seller only exists if this has been expressly given. Customers will be informed about the guarantee conditions before initiating the ordering process.

9. Liability
9.1. For the Seller's liability for damages, the following disclaimers and limitations of liability apply, irrespective of other legal claim requirements.
9.2. The Seller shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable, typical damage. The Seller shall not be 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 the assumption of a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as 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 placing the order with 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 details to the e-mail address provided. With the order confirmation, the customer also receives a copy of the General Terms and Conditions, including 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. Furthermore, we store the contract text, but do not make it accessible 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. European Commission's platform for online dispute resolution (OS) 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, General Terms and Conditions

a) Terms and Conditions

 Only these General Terms and Conditions apply to the contracts concluded between Justbe GmbH & Co. Kg; St. Michael 49; 91056 Erlangen (hereinafter: "Justbe") and its affiliate partners (hereinafter: "Partner"). General terms and conditions of their partners do not form the basis of the contract, unless their validity has been agreed in writing. Ancillary agreements and deviations from any written form requirement must be agreed in writing. Participation is free of charge for the partner.

b) Subject of the contract, Logging, Commission, Payout

1. Justbe provides its partner with an affiliate link, which the partner embeds unchanged, well-positioned, and technically correct, e.g., on their homepage, Instagram page, or Facebook.
2. Justbe logs all clicks on the provided affiliate link and records them statistically using an affiliate plugin integrated into the Justbe website. The Partner can access their own user profile at any time to view the commission overview. The claim to commission only arises if orders placed via the homepage www.just-be.com are processed completely and successfully. The decisive time is the actual payment of the purchase to 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 online booking has been completed and processed successfully.
4. Commissions are settled with the partner monthly by PayPal, by 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 statement; otherwise, its correctness is expressly and unreservedly accepted. Later asserted objections and claims for commission expire.
5. Monthly credits must amount to at least € 50.00 to be paid out; if this is not met, the commission of the following month will be added until the minimum amount is exceeded. No interest will be paid. Transfers are made in Euro. If the partner is subject to VAT, they must provide their VAT ID or tax number with the name of the tax office upon registration. Expenses and costs of the partner will not be reimbursed by Justbe. Valid from: 01.10.2019

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 attributable assistants for damages, regardless of the legal reason, to gross negligence and intent. Liability for lost profits and atypical and unforeseeable consequential damages is excluded even in cases of intent or gross negligence. The Partner indemnifies Justbe completely against claims asserted against Justbe due to the violation of legal or contractual provisions by the Partner or its assistants, including the necessary and appropriate costs of legal defense.

d) Duration, Termination and Dissolution of the Contract

The Affiliate Partner registers as a partner on the Justbe homepage. If Justbe accepts the request, the partner receives written confirmation to the e-mail address provided during registration.

The contract begins as soon as the Partner places the first online order via the Justbe webshop; in this 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 does not count as 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 their website or other online tools. In the event of a significant reason, including the opening of insolvency proceedings over the partner's assets and the rejection of an insolvency application due to insufficient assets to cover costs, as well as incorrect information in the application form, Justbe is entitled to immediate termination of the contract.

e) Jurisdiction, Place of Performance and Applicable Law

The place of performance is D-91056 Erlangen. For all disputes arising from this contract, as well as ancillary agreements or other agreements concluded between the parties, the Nuremberg arbitration court shall have exclusive jurisdiction. German law shall apply exclusively to the entire contract, as well as ancillary agreements or other agreements concluded between the parties, to the exclusion of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

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

1. a) Justbe is entitled to make amendments to these General Terms and Conditions, which will be brought to the Partner's attention by sending a copy of the amended General Terms and Conditions by e-mail. If the contractual partner does not agree to the amendments, they are entitled to terminate the contract within 5 working days of receipt thereof. If the right of termination is not exercised, the amended General Terms and Conditions shall apply from then on.
2. b) Should individual clauses of the General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby. The invalid clause shall be replaced by the permissible provision that comes closest economically to what was intended with the invalid clause.