General Terms and Conditions of Business (GTC)
Custom Junkies, Xenia Lange (hereinafter Custom Junkies).
§ 1 General
The following general terms and conditions apply to all business relations between Custom Junkies and the customer. The version valid at the time of the conclusion of the contract is decisive in each case.
Customers can be both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.
§ 2 Conclusion of the Contract
The conditions for our goods are subject to change and non-binding. Our presentation of goods on the internet does not constitute an offer, but is a non-binding invitation to the customer to order. Technical and other changes in form, colour or weight are reserved within reasonable limits.
The online order is merely an offer of the customer to Custom Junkies to conclude a sales contract.
The customer can submit the offer via the online order form integrated into the Custom Junkies online shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button [buy] that concludes the ordering process. Before sending the binding order, the customer can return to the internet page where the customer's details are entered and correct input errors or cancel the order process by closing the internet browser by pressing the "Back" button of the internet browser used by him after checking his details. After placing the order by clicking on the button [buy] on the last page of the order process and thus the submission of an offer to conclude the contract, the customer will receive a confirmation of receipt to the e-mail address provided by him.
The confirmation of receipt of the order by e-mail does not represent an acceptance, but informs the customer only that his order has been received by Custom Junkies. The acceptance of an order by telephone does not constitute a binding acceptance by Custom Junkies. Acceptance of the order is effected by dispatch of the goods.
Custom Junkies is free not to accept online orders. Custom Junkies is entitled to accept the contractual offer contained in the order within seven days. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends on the seventh day following the dispatch of the offer.
The contract is concluded under reservation of proper and correct delivery by our suppliers to us, if not, we are free to refuse contract performance in whole or partly. This only applies in the event that Custom Junkies is not responsible for the non-delivery.
In case of non-availability or only partial availability of the goods, the customer will be informed immediately. Unless otherwise agreed, the consideration will be refunded immediately.
In individual cases the company Custom Junkies can offer that a product that is not available at first will be sent later if it is available (subsequent delivery). In the event of subsequent delivery, the customer shall not incur any further costs.
In the case of the conclusion of the contract, the contract is concluded with:
Bregenzer Str. 65
phone +49 (0)151 59179500
VAT No. DE254497849
The language of the contract is German.
§ 3 Remuneration
The price offered is binding. All prices are in Euros, and when the goods sold remain within the EU, the price includes the statutory VAT. In the case of mail order purchases, the price shall be understood plus a flat shipping charge in accordance with § 5 of the General Terms and Conditions of Business.
The customer can choose to pay in advance by bank transfer or by PayPal. Custom Junkies reserves the right to exclude certain payment methods.
There is no minimum order value.
Customers, who export the goods outside the EU, may be refunded the Value Added Tax. For this purpose, the customer must provide a proper original export certificate stamped by the customs. In the event of reimbursement to a foreign bank account, the customer shall bear the transfer costs incurred.
§ 4 Delivery
The goods will be delivered to the delivery address indicated by the customer.
§ 5 Shipping Costs
The customer bears the costs of shipment from the location of the Custom Junkies branch.
Shipping costs can be found under: https://custom-junkies.com/Shipping
§ 6 Revocation
Consumers are entitled to a right of revocation according to the regulations of distance selling law. The right of revocation does not exist if you are an entrepreneur according to § 14 Abs. 1 BGB and you are acting in the exercise of your commercial or self-employed activity.
Revocation Guidelines & Instructions
Right of Revocation:
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last assigned goods. In order to exercise your right of revocation, you must inform us
Bregenzer Str. 65
phone +49 (0)151 59179500
of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, e-mail or by telephone). You can use the attached sample revocation declaration form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of Revocation:
If you revoke this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your revocation of this contract. We will use the same means of payment and the same currency for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the returned goods or until you can prove that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you notify us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the 14-day period. You bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
End of the revocation instruction
Sample Revocation Declaration Form:
To: Custom Junkies, Bregenzer Str. 65, 88131 Lindau, Germany
I hereby revoke the contract concluded with me for the purchase of the following item(s):
Name of consumer:
Consumer's signature (only for notification on paper):
§ 7 Guarantee
Warranty is provided in accordance with the statutory provisions.
§ 8 Return Rights for unused Goods
Custom Junkies grants the customer a 30-day right of return from delivery of the goods, independently and in addition to the right of revocation under § 6. This right of return only exists for goods that have not been used. Insofar as the customer has carried out an "examination of the quality, the properties and the functioning" of the goods in accordance with § 6, this shall not be deemed to be putting them into use.
§ 9 Retention of Title
The delivered goods remain the property of Custom Junkies until full payment by the customer has been received.
§ 10 Online Dispute Resolution
The European Commission provides an online platform with a list of dispute resolution bodies that offer out-of-court settlement procedures. You can reach the website through the following link: http://ec.europa.eu/consumers/odr
We are not obligated to participate in an out-of-court settlement procedures by a dispute resolution body and refuse participation.
§ 11 Court of Jurisdiction and Applicable Law
Applicable law is the law of the Federal Republic of Germany. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Custom Junkies. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.
Should provisions of the contract with the customer, including these General Terms and Conditions of Business, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.