1. Application
The following general terms and conditions exclusively apply to legal transactions and activities similar to legal transactions between Just Mobile e.K., (hereinafter "Just Mobile") and the customer. General terms and conditions of the customer deviating from these terms and conditions shall not apply. Confirmation to the contrary by the customer with reference to his/her/its own general terms and conditions or terms and conditions of sale is expressly rejected.
2. Formation of Contract
2.1 No contract is formed until the goods ordered are sent to the customer by Just Mobile. The placing of an order constitutes a binding offer to form a contract by the customer to Just Mobile. The customer places an order when he/she/it sends the order form to Just Mobile by clicking on the appropriate button. Just Mobile accepts the offer to form a contract (the order) by sending the goods to the customer or by providing the customer with an explicit confirmation of order. For orders in the Online Shop the contract is formed with:
Just Mobile e.K., Proprietor Katja Gustafsson, Fronhoferstraße 3, 12165 Berlin
2.2 Just Mobile reserves the right to provide goods in customary limited quantities. If Just Mobile exercises this right it shall inform the customer of the limitation and obtain his/her/its consent to the change of order.
3. Right of Revocation
You can revoke your offer to form a contract (contractual declaration) within two weeks without giving reasons in text form (e.g. letter, fax, email) or – if the item has been provided to you prior to expiry of the time limit – by returning the item. The time limit begins at the time of receipt of this instruction in text form, however not before receipt of the goods by the recipient (for recurring deliveries of goods of the same kind not before receipt of the first partial delivery) and also not before performance of our duty to provide information pursuant to Section 312c (2) German Civil Code (BGB) in conjunction with Section 1 (1), (2) and (4) BGB-InfoV. To comply with the time limit it is sufficient to send the revocation or goods in time. The revocation should be addressed to: Just Mobile, Hähnelstr. 13, 12159 Berlin – E-Mail: service@just-mobile.eu
Consequences of Revocation
In the event of a valid revocation the benefits received by each of the parties shall be returned and any benefits derived (e.g. interest) refunded. If you are wholly or partially unable to return benefits received, or only able to return them in a deteriorated state, you may be obliged to compensate us. In the case of goods supplied this does not apply if the deterioration of the goods results solely from inspection – as it would have been possible for you to do in a retail outlet for example. You do not need to pay compensation for deterioration to the item caused by commencement of use of the item in accordance with the instructions. Items suitable for shipping as a parcel shall be returned at our risk. You shall bear the cost of returning the item if the goods are as ordered and if the price of the item to be returned does not exceed an amount of 40 EURO or in the case of a higher price if at the time of revocation you have not yet provided the consideration or a contractually agreed part-payment. In all other cases returning the goods is free of charge for you. Items unsuitable for shipping as a parcel shall be picked up from your premises. Obligations to refund payments must be satisfied within 30 days. The time limit begins for you when you send us your revocation or the item, and for us when we receive it.
End of revocation instruction
4. Agreement on Distribution of Costs in the Event of Revocation
If the customer exercises his/her/its right of revocation, he/she/it shall bear the regular costs of return, if the goods delivered match the goods ordered and if the price of the item to be returned does not exceed 40 EURO or in the case of a higher price if at the time of revocation the customer has not yet provided the consideration or a contractually agreed part-payment. In all other cases return is free of charge for the customer.
5. Storage of the Contract Text
Just Mobile stores every order and the order data entered. Should the customer desire a printout of his/her order, he/she has the opportunity to print out an order confirmation. Apart from this the customer shall receive an order confirmation by email which includes all of the data entered.
6. Customer Service
Please direct any questions regarding ordering or any complaints to service@just-mobile.eu
7. Delivery Proviso
Delivery is subject to stock availability. Just Mobile is entitled to withdraw from the contract, if for reasons outside of Just Mobile’s responsibility, its suppliers do not deliver. If Just Mobile exercises the right of withdrawal, Just Mobile shall inform the customer of the inability to deliver without delay and immediately refund amounts already paid towards the purchase price.
8. Retention of Title
8.1 The goods supplied remain the property of Just Mobile until payment is made in full.
8.2 If the customer is an entrepreneur or businessman, a public law legal entity (juristische Person des öffentlichen Rechts) or public sector fund (öffentlich-rechtliches Sondervermögen), Just Mobile shall beyond this retain title to the goods supplied until satisfaction of all claims already in existence at the time of formation of the contract including all claims arising out of follow-on orders and repeat or subsequent orders.
8.3 If the customer is an entrepreneur or businessman and the order is placed in the course of his/her trade or business, then as security he/she already now assigns to Just Mobile in full all claims against his/her customers he/she obtains from on-selling. The purchaser is revocably authorised to collect these claims. Just Mobile shall only revoke the collection authorisation and collect the assigned claims itself, if the buyer defaults on his/her/its payment obligations to Just Mobile or if an application to commence insolvency proceedings is filed.
8.4 Just Mobile is obliged to release the existing securities upon request by the customer if and in so far as their value exceeds the claims to be secured by more than 20 %. Selection of the securities to be released is at the discretion of Just Mobile.
9. Prices
9.1 All prices are to be understood as EURO gross prices including VAT without shipping and packaging costs (delivery costs).
9.2 The customer is responsible for all customs formalities.
10. Delivery Periods
10.1 On working days available goods shall be shipped within 48 hours of receipt of payment. Goods which Just Mobile does not have in stock shall be delivered within a reasonable time limit. The delivery time limit will have been met if the goods have left the warehouse within such time limit.
10.2 Agreements for a shorter delivery time limit or a fixed-date transaction are only valid with written confirmation from Just Mobile.
10.3 In the event that the time limit for delivery is not met, the customer shall set Just Mobile an appropriate extension of the time limit of at least two weeks.
11. Delivery
Where the customer orders several items, which due to lack of immediate availability cannot be shipped together, Just Mobile shall supply the goods in partial deliveries according to availability, unless by reason of the functional relationship between the items or for other reasons it is apparent that partial delivery is not of interest to the customer. The flat fee for shipping pursuant to Clause 9.1 shall only be charged to the customer once. In general international partial shipments are not possible!
12. Passing of Risk
Unless the customer is a consumer, the risk of accidental destruction or accidental damage to the purchase item shall pass to the customer as soon as the shipment has been handed over to the person performing the transportation.
13. Payment, Due Date, Default
13.1 Just Mobile accepts payment exclusively via PAYPAL.
13.2 In the event of default of payment we reserve the right to claim reminder and dunning costs.
13.3 The customer shall not be entitled to offset, unless the counterclaims are not disputed by Just Mobile or have been finally determined.
14. Warranty
14.1 The statutory warranty rights apply. The warranty period for used goods is one year.
14.2 If the customer is an entrepreneur or businessman and the order is placed in the course of his/her trade or business, the statutory provisions apply to complaints about defects.
14.3 For supply of used items, claims resulting from material defects become time barred at the expiry of a period of one year following delivery of the item.
14.4 Characteristics shall only be considered guaranteed, if this has been specifically agreed in writing ("guaranteed characteristics").
15. Liability
Regardless of the legal basis of the liability Just Mobile as well as its representatives and vicarious agents shall only be liable for damage which results from the breach of material contractual obligations and is typically foreseeable. This limitation does not apply if the damage was caused with gross negligence or intent, to damage for which liability is provided for under the German (ProdHaftG) Product Liability Act, to personal injuries, as well as in the case of breach of a warranty promise.
16. Final Provisions
16.1 If the customer is an entrepreneur or businessman, a public law legal entity or public sector fund, the exclusive place of jurisdiction for all claims arising out of the contractual relationship shall be Berlin. Place of performance in these cases is the registered office of Just Mobile.
16.2 The law of the Federal Republic of Germany exclusively applies to the contract. The application of the UN Convention on the International Sale of Goods and the German conflict of laws rules is excluded.
Your Just Mobile Team