GENERAL TERMS AND CONDITIONS

  1. SCOPE

(1) Ms. Valerie Koch, Werner-Haas-Str. 8, 86153 Augsburg (hereinafter only MyJagua) operates a specialised trade for, inter alia, cosmetics, in particular for body painting and related skin and hair care products, through www.myjagua.de. Purchase agreements made between MyJagua and customers through www.myjagua.de are subject to the following terms and conditions. In placing an order through www.myhenna.de, the customer accepts these terms and conditions.

(2) Different rules in the general terms and conditions for the customer, as well as changes, deletions and additions to these general conditions by the customer shall only apply if they are confirmed by MyJagua.

(3) The following terms and conditions can be printed by the customer prior to the conclusion of the contract and / or stored digitally. If necessary, they can be requested by the customer at the mailing address Valerie Koch, Henna Shop, Werner-Haas-Str. 8, 86153 Augsburg or at the email address info[at]myjagua.com (letter or email). Furthermore, they are supplied to the customer in text format with any confirmation of receipt, order confirmation and delivery of goods.

  1. ORDERING AND CONTRACT CONCLUSION

(1) The products listed on www.myhenna.de do not constitute a binding offer by MyJagua. The customer receives only the opportunity to order the listed items and in doing so to propose a binding offer to MyJagua. The customer must click on the respective goods. The selected products are then collected in a virtual shopping cart (selection process).

(2) Upon termination of the selection process, the customer receives a summary of his order (order form) with a summary of the selected products and a statement of the total price, inclusive of the legally applicable value added tax, packaging and shipping costs. This summary gives the customer the opportunity to check and, if necessary, amend the nature, price, quantity and delivery time of the selected goods.

(3) In sending the order by clicking the order button, the customer agrees to enter into a binding purchase contract with MyJagua for the selected goods. MyJagua shall confirm the order by email (acknowledgment of receipt).

(4) MyJagua is entitled to accept the offer within three working days by sending an order confirmation in text form (e.g.: letter, fax or email). Only in this way does a contract for the purchase of the goods specified in the order confirmation come into being.

  1. PRICES & SHIPPING COSTS

The prices indicated on www.myjagua.de and reproduced accordingly in the order confirmation shall apply. Additional costs for packaging and shipping are also specified on the order form. All prices include the legally applicable value added tax.

  1. PAYMENT, DUE DATE, LATE PAYMENT

(1) The customer chooses their preferred payment method at the time of ordering.

(2) MyJagua provides the customer with an invoice for the goods ordered, which the customer receives with the order confirmation in text format (e.g.: letter, fax or email).

(3) The purchase price includes the relevant shipping costs with the contract conclusion due and payable upon receipt of the invoice and within 10 days of the invoice date. Transfers must be made to the account specified by MyJagua.

(4) If payment has not been received within 10 days of the invoice date, at the end of the tenth day, the customer is in default. No further explanation or reminders are required.

(5) In case of default, MyJagua is entitled to charge annual interest at the rate of five percentage points above the base rate. The right to claim further damages is reserved.

  1. DELIVERY

(1) In principle, MyJagua only delivers goods after payment, with stock usually dispatched to the address provided by the customer within 14 business days of receipt of payment or secured credit. In principle, MyJagua does not deliver to the islands or abroad.

(2) If such a request is made, the customer can pick up the ordered goods at the MyJagua depot at an agreed collection time.

  1. RETENTION OF TITLE

The goods remain the property of MyJagua until full payment of their purchase price is made.

  1. RIGHT OF WITHDRAWAL

The customer, who is the consumer, has the right of withdrawal, about which MyJagua must inform him as follows: 

WITHDRAWAL NOTIFICATION

 

RIGHT OF CANCELLATION

You have the right to cancel this contract within fourteen days without specifying any reasons.

The period for cancellation is fourteen days from the day that you, or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order.

To exercise your right, you must inform us (Valerie Koch, Henna Shop, Werner-Haas-Str. 8, 86153 Augsburg Phone 0221/29811961, email info[at]myjagua.com) by means of a clear statement (e.g.: a posted letter or email) of your decision to withdraw from this contract. You may use the attached withdrawal form template for this purpose, but this is not compulsory.

In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL

If you choose to withdraw from this contract, we will refund all payments we have received from you, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), without delay, and at the latest within fourteen days from the date on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.

You must send back or hand over the goods to Frau Valerie Koch, My Jagua, Werner-Haas-Str. 8, 86153 Augsburg without delay, no later than fourteen days from the day on which you notified us of your withdrawal from this contract. The deadline will be deemed to have been observed, if you send the items before the fourteen-day deadline has expired. You will bear the direct costs of returning the goods.

You will only be liable for any potential reduction in value of the items if this reduction in value is due to handling on your part which was not necessary for testing the quality, characteristics, and functioning of the items. 

WITHDRAWAL FORM TEMPLATE

 

(If you would like to withdraw from the contract, please complete this form and send it back to us.)

 

To Ms.

Valerie Koch / My Jagua

Werner-Haas-Str. 8, 86153 Augsburg

I/We (*) hereby give notice of withdrawal from my/our (*) contract of sale of the following goods (*)/ provision of the following service (*)

Ordered on        (*)/ received on        (*)

Name of customer(s)

Address of customer(s)

Signature of the customer(s) (only for hard copies)

Date

________________________

(*) Delete where inapplicable

  1. LIABILITY AND INDEMNITIES

(1) MyJagua is liable for wrongdoing or gross negligence by MyJagua or their representatives or agents. Under product liability law, MyJagua is also liable for damage to life, body or health, for breach of important contractual obligations, the malicious concealment of defects and any guarantee for a specific quality of the item purchased. The claim for damages for breach of contract is limited to the typical, foreseeable damage, provided that no other case of mandatory liability is given pursuant to sentence 1 and sentence 2.

(2) The provisions in the preceding section 1 shall apply to all claims for damages, irrespective of the reason, in particular due to defects, breach of duties in connection with the contract or tort. They also apply to claims for the reimbursement of unnecessary expenses.

  1. STATUTORY WARRANTY RIGHT, PERFORMANCE SPECIFICATION

(1) In case of defects in the delivered goods, the customer, who is the consumer, has recourse to legal liability rights for defects according to §§ 433 ff. BGB.

(2) The composition of the ordered goods owed is determined comprehensively and exclusively according to the description made at the time the order was placed on www.myjagua.de. The product description relevant to the contractual relationship is also comprehensively and finally reproduced in the purchase order form.

  1. DATA PROTECTION

(1) MyJagua keeps customers’ personal data, collected as part of the business relationship with MyJagua, strictly confidential. MyJagua collects, stores, processes and uses this data only to the extent necessary for the proper implementation of the contract. Here MyJagua will comply with all privacy law requirements, especially the requirements of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

(2) On request, MyJagua shall provide the customer information regarding the data stored about him or his pseudonym. The information is given in writing (e.g.: letter, fax or email).

(3) The customer’s personal data shall be stored by MyJagua after contract settlement and used for promotional purposes or passed on to third parties.

(4) In addition, the text of the contract shall be stored electronically at www.myjagua.de for a period of up to 90 days after the contract ends and available to the customer there.

  1. REFERENCE TO THE PACKAGING ORDINANCE

Under the packaging ordinance, MyJagua is obliged to take back and repurpose or dispose of any packaging that does not carry not the sign of a comprehensive waste management system (e.g.: green dot). In this case, the customer can make contact by post or email with

Mrs.

Valerie Koch

Werner-Haas-Str. 8, 86153 Augsburg

Email: info[at]myjagua.com

MyJagua will then designate a collection point near the customer’s place of residence. Should the customer not be able to complete the return in this way, the customer has the option of sending the packaging to the postal address Valerie Koch, Henna Shop, Werner-Haas-Str. 8, 86153 Augsburg MyJagua will then ensure that the packaging is either reused or disposed of in accordance with the provisions of the ordinance.