Terms of service

1. Scope

1.1 These General Terms and Conditions apply to all orders placed through our Jonathan Johnson online shop.

Jonathan Johnson
Poolstr. 11
20355 Hamburg
Germany

Owner: Oliver Pfeiffer

1.2 The goods offered in our online shop are intended exclusively for customers who are at least 18 years of age.

1.3 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. In relation to businesses, these General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again. We hereby object to the incorporation of any customer terms and conditions that conflict with these General Terms and Conditions.

1.4 The contract may be concluded in German or English.

1.5 The General Terms and Conditions currently in force can be accessed on our website at:

https://jonathanjohnson.de/policies/terms-of-service

2. Offer and Conclusion of the Purchase Contract

2.1 Unless expressly designated as binding, written and verbal offers made by Jonathan Johnson are subject to change and non-binding. The presentation of products in our online shop does not constitute a legally binding offer but an invitation to place an order.

2.2 By clicking the final order button during checkout, you submit a binding offer to enter into a purchase contract for the goods contained in your shopping cart. Immediately before submitting the order, you can review your details and the selected items and make any necessary corrections.

2.3 We will confirm receipt of your order by email without undue delay. The purchase contract is concluded upon receipt of our order confirmation.

3. Prices

3.1 The prices displayed during checkout at the time of the order shall apply. The stated prices are final prices and include the applicable statutory VAT, where applicable. The total price displayed during checkout is decisive. The goods remain our property until the purchase price has been paid in full.

3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are beyond our control and must be borne by you. These may include, for example, fees charged by financial institutions for transferring funds, such as transfer fees or exchange rate fees, as well as import duties or taxes, such as customs duties. Such costs relating to the transfer of funds may also arise where delivery is not made to a country outside the European Union but payment is made from a country outside the European Union.

3.3 The period of validity of any limited-time offers is stated wherever the respective offer is displayed in the shop.

4. Payment

4.1 Payment can be made via Shopify Payments or PayPal.

4.2 We reserve the right to determine which payment methods are available. In particular, we reserve the right to offer only selected payment methods for a particular purchase.

4.3 When paying with PayPal, payment is processed via PayPal. During the ordering process, you will be redirected to PayPal, where you will complete the steps required to authorise the payment. Further information will be provided during the ordering process.

4.4 You agree to receive invoices and credit notes exclusively in electronic form.

5. Refunds

5.1 Any refunds will generally be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise.

5.2 Where payment was made using a gift card, the corresponding refund amount will be credited to the gift card or to a new gift card.

6. Discount Coupons and Redemption

6.1 Discount coupons cannot be purchased but are issued by us as part of promotional campaigns with a specified validity period.

6.2 Discount coupons may only be redeemed during the specified period and only once per order. They cannot be used to purchase gift cards. Please note that discount coupons may be subject to a minimum order value.

6.3 Discount coupons will not be refunded if goods are returned in whole or in part.

6.4 Discount coupons may only be redeemed before the ordering process has been completed. Subsequent application of a discount coupon is not possible. Discount coupons may not be transferred to third parties. Multiple discount coupons cannot be combined unless otherwise agreed by us.

6.5 Where a discount coupon is subject to a minimum order value and the applicable discount conditions provide that the discount ceases to apply if the order value falls below this minimum amount, the discount may be recalculated accordingly if individual goods are returned as part of a withdrawal. In such cases, the refund amount will be calculated taking into account the proportion of the discount attributable to the returned goods.

7. Gift Cards and Redemption

7.1 Gift cards are vouchers that can be purchased. They cannot, however, be used to purchase additional gift cards. If the balance of a gift card is insufficient to cover the total order value, the difference may be paid using the available payment methods.

7.2 Claims arising from gift cards are subject to the statutory limitation period. The regular limitation period is generally three years and begins at the end of the year in which the claim arose.

7.3 Gift cards and credit balances may only be redeemed before the ordering process has been completed. Gift card balances will not be paid out in cash and do not earn interest. To redeem a gift card, please enter the code you received by email or post during the final step of the ordering process. Please ensure that no spaces are entered when entering the code.

8. Set-Off / Right of Retention

8.1 You are entitled to set off claims where your counterclaims have been legally established, are undisputed or have been acknowledged by us. This restriction does not apply to counterclaims arising from the same contractual relationship.

8.2 You may only exercise a right of retention insofar as your counterclaim arises from the same contractual relationship.

9. Delivery / Retention of Title

9.1 Unless otherwise agreed, the goods will be delivered from our workshop to the address provided by you.

9.2 If the shipping company returns the goods to us because delivery was not possible due to circumstances for which you are responsible, in particular because you provided an incorrect delivery address, you may be charged the reasonable additional costs actually incurred as a result.

This shall not apply if you are not responsible for the unsuccessful delivery or if you were merely temporarily prevented from accepting the delivery without having been notified of the delivery in sufficient time. In the event of a valid exercise of the right of withdrawal, the provisions of our withdrawal policy shall apply exclusively with regard to return shipping costs.

9.3 In the case of store collection (“Pick-Up Store”), we will first inform you by email that the goods you ordered are ready for collection. After receiving this email, you may collect the goods by prior arrangement with us or during our business hours from Jonathan Johnson, Poolstr. 11, 20355 Hamburg. No shipping costs will be charged in this case.

9.4 The goods remain our property until the purchase price has been paid in full.

9.5 Our processing time is generally 5–10 business days. Any deviations are stated on the respective product page.

If, after conclusion of the contract, it should exceptionally become apparent that performance in respect of an ordered item is impossible, we will inform you without undue delay. To the extent that our obligation to perform ceases to apply under the statutory provisions, any payments already received will be refunded without undue delay. Any further statutory rights remain unaffected.

9.6 We endeavour to process and dispatch your order as quickly as possible. Standard delivery times stated by shipping providers and estimated shipping times stated by us are provided for guidance only. Your statutory rights, particularly in the event of a delay in delivery, remain unaffected.

9.7 If you have any questions regarding delivery dates or special deliveries, please contact us at:

Email: info@jonathanjohnson.de
Phone (Tue–Fri, 12:00–18:00): +49 (0) 40 – 4016 3113

We generally recommend ordering in good time. In urgent cases, please contact us in advance. We will always endeavour to accommodate your requests wherever possible.

10. Transport Damage

10.1 If goods are delivered with obvious transport damage, please report such damage immediately to the delivery company and contact us as soon as possible.

10.2 Failure to make a complaint to the delivery company or to contact us will have no effect on your statutory rights in respect of defects. However, doing so helps us to assert our own claims against the carrier or transport insurer.

11. Right of Withdrawal

11.1 Consumers have a statutory right of withdrawal in accordance with the withdrawal policy published on our website.

11.2 The exercise of the right of withdrawal shall be governed exclusively by the withdrawal policy applicable at the time the order was placed.

11.3 You shall bear the direct costs of returning the goods unless otherwise provided in the withdrawal policy.

11.4 In accordance with Section 312g (2) No. 1 of the German Civil Code (BGB), the right of withdrawal does not apply, in particular, to contracts for the supply of goods that are not prefabricated and for which an individual choice or decision by the consumer is decisive for their manufacture, or which are clearly tailored to the consumer’s personal needs.

This may include, in particular, individually made pieces of jewellery, custom-made items, personalised engravings and products manufactured according to the customer’s individual specifications, provided that the statutory requirements for exclusion of the right of withdrawal are met in the individual case.

12. Statutory Liability for Defects

12.1 The statutory rights in respect of defects apply. The limitation period for statutory claims relating to defects in new goods is generally two years from delivery of the goods. Where an additional guarantee is expressly granted in an individual case, such guarantee exists independently of the statutory rights in respect of defects and does not restrict them.

12.2 Our pieces of jewellery are handmade. Minor variations typical of handcrafted products may therefore occur, particularly with regard to surfaces, textures and other handcrafted details. Such minor variations do not constitute a defect insofar as they do not adversely affect the agreed characteristics or the ordinary use of the product.

Product images may show individually handcrafted pieces. The relevant product description and any characteristics expressly agreed as part of the order are decisive in determining the agreed characteristics of the product.

12.3 Damage or deterioration resulting exclusively from natural wear and tear, improper use or unsuitable or insufficient care, and which is not attributable to a defect existing at the time of transfer of risk, does not give rise to statutory claims relating to defects.

Any alteration or modification made to the product after receipt does not automatically result in the loss of statutory rights in respect of defects. However, statutory claims may be excluded insofar as the defect or damage claimed is attributable to such alteration or modification.

12.4 Consumers are not required to report obvious defects within a specific period or in a specific form. In the event of a defect, you are entitled to the statutory rights pursuant to Sections 437 et seq. of the German Civil Code (BGB), including in particular the right to subsequent performance. Further statutory rights, including the right to a price reduction, withdrawal from the contract or damages, remain unaffected where the respective statutory requirements are met.

For merchants, the statutory duties of inspection and notification pursuant to Section 377 of the German Commercial Code (HGB) shall additionally apply.

13. Liability

13.1 Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. In cases of slight negligence, we shall be liable for damages resulting from injury to life, body or health.

13.2 In all other respects, the following limitation of liability shall apply: In cases of slight negligence, we shall only be liable for the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on which you may regularly rely (“cardinal obligation”).

Liability for slight negligence shall be limited to damages that were foreseeable at the time the contract was concluded and that can typically be expected to occur. This limitation of liability shall also apply for the benefit of our agents and persons employed in performing our obligations.

14. Applicable Law and Jurisdiction

14.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered place of business shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.

For consumers, the statutory rules on jurisdiction shall apply.

15. Final Provisions

15.1 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

15.2 Where a provision is invalid or has not become part of the contract, the content of the contract shall be governed by the applicable statutory provisions.

16. Legal Guarantee Rights

16. Legal Guarantee Rights

 

Legal Guarantee

Further information about your legal guarantee rights