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Conditions

TERMS OF SERVICE

In the following you will find the general terms and conditions of business of Jarfood GmbH, which sells food under the brand name JARMINO.

CONDITIONS OF USE

§1 scope and definitions

(1) These general terms and conditions apply to all business relationships between us and the customer in the version valid at the time of the order.

(2) "Consumer" in the sense of these general terms and conditions is any natural person who concludes a legal transaction with us for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).

(3) "Entrepreneur" in the sense of these general terms and conditions are all natural or legal persons or partnerships with legal capacity who enter into business relationships with us and who act in the exercise of their commercial or independent activity (§ 14 BGB). If an entrepreneur does not act in the exercise of his commercial or self-employed activity, he also benefits from the rights intended for consumers. He is considered a consumer in the sense of these terms and conditions.

(4) “Customers” in the sense of these general terms and conditions are understood to mean both consumers and entrepreneurs.

(5) General terms and conditions of entrepreneurs who conflict with, deviate from or supplement our general terms and conditions will not become part of the contract, even if they are known, unless their validity has been expressly approved in writing.

§2 conclusion of the contract

(1) The following regulations regarding the conclusion of a contract apply to orders in our internet shop www.jarmino.de

(2) If a contract is concluded, it is concluded with the

Jarfood GmbH Oskar-von-Miller-Ring 29 80333 Munich Tel: 089/716723390 Fax: 089/716723399 E-Mail: info@jarmino.de

closed.

(3) The placing of goods in our internet shop does not constitute a legally binding contract offer from us, but is merely a non-binding invitation to the customer to order these goods. If the customer orders the desired goods, he is submitting a binding offer to conclude a purchase contract.

(4) When an order is placed in our internet shop, the following rules apply: If a customer goes through the ordering process shown below, he is submitting a binding contract offer. The ordering process takes place in these steps: a) Select the desired goods b) Confirm by clicking the "Add to shopping cart" button c) Check all the information in the shopping cart d) Press the "Next" button e) Log in to the webshop after registering and entering the Registration data (email address and password). f) Checking and correcting the entered data. g) Binding sending of the order.

Before the binding submission of the order, the customer can return to the page on which the information that the customer provided during the ordering process was recorded by clicking the "Back" button on his Internet browser after checking his details. There he can correct any errors or end the ordering process by closing the internet browser. After receiving the order, we will confirm it by an automatically written email. However, this email does not yet constitute acceptance of the offer on our part. Acceptance of the offer by us is made in writing, in text form or by sending the goods.

(5) We save the contract text and send you the data of your order as well as our general terms and conditions by e-mail. You can also access the general terms and conditions at www.jarmino.de/agb.

§3 Regulations on prices, shipping costs, payment, due date and contract term

(1) All prices that we state in our internet shop include the statutory sales tax and other price components. Any shipping costs are not included. These will be charged separately.

(2) The product is paid for by credit card (Amex, Visa or MasterCard), PayPal, Klarna (invoice and instant transfer, Apple Pay, Google Pay, Amazon Pay or prepayment.

(3) If a customer chooses PayPal as a payment option, he is obliged to pay the corresponding purchase price immediately after conclusion of the contract.

(4) An entrepreneur has to pay interest at 8 percentage points above the base rate during the delay. However, we reserve the right to claim greater damage caused by delay against an entrepreneur.

(5) An entrepreneur only has the right to offset if his counterclaims with which he would like to offset are undisputed or legally established.

(6) If the customer chooses a subscription, we conclude a term contract (subscription) with the customer for the first purchase, after which the customer receives a delivery every 30 or 60 days.

(7) The customer can cancel the subscription with a period of seven days to the 15th of a month or seven days to the end of the month. The termination must be made in writing by letter or email or can be carried out in the customer account. Termination by letter should be sent to the following address: Jarfood GmbH, Oskar-von-Miller-Ring 29, 80333 Munich. The cancellation by email is to be sent to the email address info@jarmino.de.

(8) The trial box is a one-time order and not a subscription.

(9) Klarna's payment options:

In cooperation withKlarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

  • Bill: The payment period is [14] days from the dispatch of the goods / ticket / or, in the case of other services, the provision of the service. The full billing terms for the countries where this payment method is available can be found here:GermanyFinlandNetherlands andAustria.
  • Instant bank transfer: Available in Germany, Austria and the Netherlands. Your account will be debited immediately after placing the order.
  • Direct debit: Available in Germany and Austria. The debit takes place after the goods are dispatched. You will be informed of the time by email.
  • The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the initiation of the purchase and the execution of the purchase contract for the purpose of address and credit check. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be foundhere. You can get general information about Klarnahere. Your personal information will be provided by Klarna in accordance with the applicable data protection regulations and in accordance with the information inKlarna's data protection regulationstreated.

§4 regulations for delivery and transfer of risk

(1) Unless we expressly state otherwise in the product description, the delivery time of the goods is 2 to 3 days. In the case of payments in advance, the period begins when the transferring credit institution has given the payment order, in other cases on the day after the contract is concluded and ends at the end of the last day of the period.

(2) If the customer chooses payment by credit card, PayPal or prepayment, the goods will only be dispatched after receipt of payment.

(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item does not pass until the item is handed over to the customer.

(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods already passes when we hand over the goods to the logistics company commissioned by us.

(5) If the customer is an entrepreneur, we reserve the right to determine a new reasonable delivery period in the event that a delivery period cannot be met for reasons for which we are not responsible. The customer will be informed immediately of non-compliance with the delivery time. If we are unable to deliver the ordered item within the newly determined period, we are entitled to withdraw from the contract. If the customer has already rendered consideration, we will refund it immediately.

§5 retention of title

(1) If the customer is a consumer, we reserve ownership of the goods until the purchase price has been paid in full.

(2) If the customer is an entrepreneur, we reserve ownership of the goods until full payment of all claims arising from the current business relationship. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we are obliged to release the reserved goods.

(3) If the customer is an entrepreneur, he can resell the goods in the ordinary course of business. In this case, he already assigns to us all claims in the amount of the invoice amount, which accrue to the customer through a resale to third parties. We already accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. However, in the event that the entrepreneur does not meet his payment obligations properly and is in default, we reserve the right to collect the claim ourselves. Processing and processing of the delivered goods by an entrepreneur takes place on our behalf and on our behalf. If an entrepreneur has processed the goods, we acquire joint ownership of the new item. This co-ownership is measured in relation to the value of the goods we deliver. The same applies if an entrepreneur processes or mixes the goods with objects that do not belong to us.

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§6 warranty

(1) The statutory warranty regulations apply to consumers.

(2) In the case of used items, warranty claims for consumers become statute-barred one year after delivery of the goods. However, such a reduction in the limitation period does not apply to warranty claims that result in damages and for which there is intent or gross negligence or a breach of essential contractual obligations. Significant contractual obligations are those whose fulfillment makes proper execution and execution of the contract possible in the first place and on the observance of which a buyer can normally rely.

(3) Claims for damages among consumers due to injury to life, limb or health or due to provisions of the Product Liability Act (ProdHaftG) remain unaffected.

The same rules apply to breaches of duty by our vicarious agents.

(4) Warranty claims, which are not aimed at compensation, become statute-barred for entrepreneurs one year after delivery of the goods. The statutory limitation periods for recourse claims by the entrepreneur remain unaffected by this § 478 BGB.

(5) Entrepreneurs within the meaning of these general terms and conditions are obliged to examine the goods received immediately for quantity and quality deviations. Recognizable defects must be reported to us in writing within a period of one week from receipt of the corresponding goods. The assertion of warranty claims is excluded if the entrepreneur does not meet the obligation to notify. The entrepreneur is obliged to notify us of hidden defects in writing within a period of one week. The period begins with the discovery of the corresponding defect. To meet the deadline, it is sufficient if the notice of defects is sent in good time. The entrepreneur bears the full burden of proof for any claim prerequisites, in particular also for the defect itself, for the time of its discovery and for the timely notification of the defect.

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§7 limitation of liability

Liability for damage caused by simple negligence is excluded unless this results from the breach of essential contractual obligations, a guarantee for the quality of the object of purchase, damage from injury to life, limb or health or claims according to Product Liability Act (ProdHaftG) are affected. Significant contractual obligations are those whose fulfillment makes proper execution and execution of the contract possible in the first place and on the observance of which a buyer can normally rely.

The same rules apply to breaches of duty by our vicarious agents. Liability for the violation of essential contractual obligations is limited in cases of simple negligence to such damage that is typically associated with the contract and foreseeable.

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§8 Right of withdrawal for customers as consumers

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

In order to exercise your right of cancellation, you must inform us (Jarfood GmbH, Oskar-von-Miller-Ring 29, 80333 Munich, telephone: 089/716723390, fax 089/716723399, email: info@jarmino.de) by means of a clear statement ( a letter sent by post, fax or email) informing you of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.

Exclusion of the right of withdrawal:

A right of withdrawal is according to Section 312 g (2) no.2 BGB in conjunction with 312 d para. 1 BGB in conjunction with Art. 246a Section 1 (3) no.1 EGBGB excluded if the goods are perishable or if their expiry date would be exceeded quickly.

End of revocation

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§9 Code of Conduct

We have not submitted to any codes of conduct.

§10 Contract language, choice of law, place of jurisdiction, dispute settlement

(1) Only the German language is considered for the execution and execution of the contract.

(2) The law of the Federal Republic of Germany applies to the contractual relationships, whereby the UN sales law is excluded. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all disputes arising from this contract.

(4) Jarfood GmbH does not participate in a dispute settlement procedure before a consumer arbitration board and is not obliged to do so.

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§ 11 customer service

For questions about our products, complaints and complaints, our customer service is available on weekdays from 9:00 a.m. to 6:00 p.m.

Telephone: 089/716723390 Fax: 089/716723399 email: info@jarmino.de

to disposal.

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§12 Severability clause

If one or more provisions of these terms and conditions are invalid or unenforceable or if they become so afterwards, the remaining provisions remain unaffected. This does not apply only if the elimination of individual clauses places a contracting party at such a disadvantage that it can no longer be expected to adhere to the contract.

Terms and Conditions: 29.04.20

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