Terms & Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply for all contracts made with the supplier (Jivana Foods UG, hereafter referred to as "Jivana") via the website www.jivanafoods.org. So far as not otherwise agreed, externally imposed conditions by the customer will not be taken into consideration.
(2) The consumer, in the following framework, is any natural person who completes a legal transaction that is predominantly not attributable to their commercial or professional activity. A commercial contractual party is any natural or juridical person or legal partnership acting on behalf of their commercial or professional activity when completing a transaction.
(3) This translation of the German Terms and Conditions / Customer Information is provided for informational purposes. In case of a discrepancy, the original German text shall prevail.
§ 2 Conclusion of a Contract
(1) Object of the contract is the sale of goods.
(2) By placing a given product on its website, Jivana presents a binding offer to complete a contract under the conditions outlined in the given product description.
(3) The contract is realized via the online shopping basket as follows:
The goods intended for purchase are placed in the "shopping basket". The "shopping basket" can be accessed on the "One Step Checkout" page via the corresponding tab in the navigation bar; changes can be made to the "shopping basket" on this page at any time.
After opening the "One Step Checkout" page and submitting personal information including payment details and shipping method, all data regarding the order are displayed.
Before submitting an order, all aspects of the order can be reviewed (including via the "back" function of the web browser), and the order can be cancelled if so desired.
By submitting an order via the "buy now" button, a binding offer is accepted and the contract is made.
If an immediate payment method has been selected (e.g. via PayPal or Sofort), the browser will automatically open the webpage of the immediate payment provider. Once redirected to the given payment provider, the appropriate information must be entered.
(4) The processing of the order and transfer of all information pertinent to the completion of the contract are conveyed via email, in part by automised processes. It is therefore necessary that the correct email address is provided to Jivana, that the recipient's email inbox is technically capable of receiving mail, and that no spam filter prevents the receipt of emails from Jivana.
(5) It should be noted that Jivana only sells products in quantities typical for private use. This provision applies to both the number of ordered products within a single order as well as to the processing of multiple orders of the same product in which the individual orders contain a quantity typical for private use.
(6) Jivana is relieved of the obligation to deliver if the following conditions come into existence after the order was placed and Jivana is not liable for these conditions: the goods are unable to be delivered due to a force majeure or discontinuation, or Jivana cannot acquire the ordered goods under reasonable circumstances. Jivana is not liable for delays, including regarding binding deadlines and dates, if external events impede or prohibit the delivery of goods (such as strikes, lockouts, regulatory orders, or similar events).
(7) The sale and shipping of CBD-containing products is exclusively for individuals who have reached the age of 18. By entering into the contract, you confirm that you meet this age requirement.
§ 3 Special Arrangements for Offered Payment Methods
In cooperation with Shopify, Jivana offers the following payment options. The payment occurs for each case via Shopify Paymantes
Credit Card: The account is charged following shipment of the goods. An email notification is sent when the charge is made.
§ 4 Right of Retention, Reservation of Property Rights
(1) Right of retention is permissible only as a result of demands based in the given contractual relationship.
(2) The goods remain property of Jivana until the complete purchase price has been paid.
(3) In the case of a commercial contractual party, the following applies:
a) Jivana reserves property rights over the goods until all demands contained in the given contractual relationship are satisfied. Any pledge or security transfer of the goods under reserve by the contracting party is not permitted before the transferal of property rights.
b) The contractual party is permitted to resell the goods in the proper course of business. In this case, the contractual party shall immediately assign to Jivana all claims to the amount of the invoice which it accrues towards third parties due to the resale of the goods; we will accept the assignment. The contractual party is authorised to collect the claim. If the contractual party does not properly fulfill its obligations of payment, Jivana reserves the right to collect outstanding payments.
c) In the case that the reserved goods are combined or blended with other goods, Jivana has the right of joint ownership to the resulting goods in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) Jivana commits to releasing the securities due at the request of the contracting party insofar as the implementable value of the securities exceeds the secured accounts receivable by more than 10%. The securities to be released will be determined at Jivana's discretion.
§ 5 Warranty
(1) Full statutory warranty rights apply.
(2) The consumer is requested to immediately check the goods at delivery for completeness, apparent deficiency, or transportation damages, and to inform Jivana as well as the delivery service of complaints in a prompt manner. Failure to comply with this demand does not affect statutory warranty claims.
(3) In the case of a commercial contractual party, the following applies in derogation of the preceding warranty claims:
a) Only Jivana's own statements and the product description of the producer qualify as properties of the item; other advertisement, public promotion, or producer remarks are not valid.
b) In the event of defects, it remains at Jivana's discretion whether the warranty will be guaranteed via rectification or replacement. If the remedial action is insufficient, the contractual party may demand a reduction in price or a termination of the contract. Remedial action counts as insufficient after a second attempt is completed unsuccessfully, so long as no particular aspect of the issue, of the deficiency, or of other circumstances arises. In the case of rectification, Jivana is not liable for increased costs that result from the delivery of goods to another location other than the original place of delivery, so long as transport does not correspond to the intended use of the goods.
c) The warranty period consists of 1 year following the delivery of the goods. A period reduction is not applicable:
- to damages arising from injury to life, body, and health that are attributed to Jivana and other damages resulting from intent or gross negligence;
- if Jivana fraudulently conceals a defect or has assumed a quality guarantee for the goods;
- in cases where items have been used in construction in accordance with their proper use and caused structural deficiency;
- in the case of legal right of recourse claims made against Jivana in relation to defect-related rights.
§ 6 Cancellation Policy
CANCELLATION POLICY
Cancellation Rights for Customers
(The customer is any natural person who completes a legal transaction that is predominantly not attributable to their commercial or professional activity.)
The customer has the right to cancel this contract within 14 days without provision of reasons.
The cancellation period consists of 14 days from the day:
- on which the customer or the customer's representative (who is not the delivery service provider) receives the goods so long as the goods were ordered in the context of a standard order and delivered according to standard procedure
- on which the customer or the customer's representative (who is not the delivery service provider) received the first goods in the context of an order made for the regular delivery of goods over a determined period of time.
To exercise the right of cancellation, a request (via mail, email or fax) must be sent to:
Jivana Foods UG
Korbinianplatz 4C
80807 Munich
Germany
Email: info@jivanafoods.org
with a clear statement regarding the desire to cancel the contract. An example statement is included below that may be used as a template, but is not required.
The statement regarding the right to cancellation is considered to be within the period of cancellation if the customer sends the statement before the expiration of the cancellation period.
If the customer submits a cancellation notification, then Jivana will promptly send (for example by email) a confirmation of receipt of the notification.
Cancellation Process
If the customer cancels the contract, Jivana will reimburse all costs for the goods which are returned to Jivana but not the costs of return shipping. The reimbursement will be paid promptly and at the latest, with the exception of the situations listed below, within 14 days from the day on which the notification of cancellation was received by Jivana. The reimbursement will be paid via the same payment method that was used for the initial transaction unless expressly requested otherwise and in agreement with the customer. Jivana does not calculate compensation under any circumstances within the reimbursement. Jivana can deny reimbursement until the goods have been returned or the customer can prove that the goods have been mailed back to Jivana (whichever occurs first).
Correspondingly, the customer must return the goods as quickly as possible and at the latest within 14 days from the day on which they submitted a notification of cancellation. The return period is not violated if the goods are shipped before the expiration of the 14-day return period.
The customer must bear the return shipping costs if the delivered goods were the same as those ordered.
The customer must only pay the cost of possible value loss if the customer is found to be liable for this value loss due to their handling of the goods other than what is necessary for testing the properties, characteristics, and functioning of the goods.
The right of cancellation is forfeited prematurely in the case of contracts
- for the delivery of sealed goods that for reasons of health or hygiene are not suitable for return if their seal has been broken;
- for the delivery of goods that on account of their properties are inseparably mixed with other goods after delivery;
- for the delivery of audio or visual recordings or computer software in a sealed package if the seal has been removed after delivery.
Example Cancellation Statement
(The customer is kindly requested to fill out this form and return it to Jivana if they would like to cancel the contract.)
— To Jivana Foods UG, Korbinianplatz 4C, 80807 Munich, Germany, Email: info@jivanafoods.org
— With this declaration I/we (*) cancel my/our (*) concluded contract for the purchase of the following good/s (*):
— Ordered on/Received on (*)
— Name of the customer/Names of the customers (*)
— Address of customer(s)
—Signature(s) of customer(s) (only in the case of physical notifications)
— Date
(*) Delete non-applicable variation
END OF CANCELLATION POLICY
§ 7 General Instructions for Return
The customer is kindly asked to avoid damage or contamination of the goods before returning. Goods should be returned to Jivana in the original packaging with all accessories and packaging components intact to the greatest extent possible. If necessary, a protective secondary packaging may be used. If the original packaging is no longer available, a suitable package offering sufficient protection against transportation damage should be used. Suitable means in this case that the packaging corresponds to the terms and conditions of the shipping service.
If the delivered goods do not correspond to the ordered goods, Jivana should be notified in advance of return at: info@jivanafoods.org with the reason for return.
The goods should never be sent "carriage forward" back to Jivana, as the delivery service may demand high fees that Jivana will in turn pass on to the consumer.
The right to cancellation is not affected by this provision.
§ 8 Liability
Jivana has unlimited liability for damages caused by intent or gross negligence by Jivana or a legal representative of Jivana or an agent of Jivana.
Jivana is also liable for slight negligence of duties. The essential duties are those whose negligence jeopardizes the purpose of the contract or those which are necessary for the proper fulfillment of the contract and upon which the consumer regularly relies. Jivana is liable only for predictable, contractually typical damages. Jivana is not liable for the slight negligence of others not named in the aforementioned provisions.
The above liability limitations do not apply in the case of damage to life, body, and health, for a defect after the assumption of a guarantee for the properties of the product, and in the case of fraudulently concealed defects. Liability according to product liability law remains unaffected.
Insofar as the liability of Jivana is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
§ 9 Choice of Law, Place of Performance, Place of Jurisdiction, Final Provisions
(1) German law applies. For the consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (favourability principle).
(2) The place of fulfilment for all performances from the contracts made with Jivana as well as the only place of jurisdictions for all arguments directly or indirectly arising from the contract relationship is our headquarters in as far as the contractual party is not a customer, but rather a commercial entity, legal entity of public law or of special fund under public law. The same applies if the contractual party does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual residence is unknown at the time a complaint is filed. The ability to appeal to another court of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
(4) Jivana reserves the right to make changes to Jivana's website, policies, and conditions inclusive of these terms and conditions at any time. The terms and conditions which apply to an order are those which were in effect at the time when the order was placed unless a change to the terms and conditions is required by law or administrative order (in which case the changes may retroactively apply to prior orders).
(5) In the case that individual provisions of the contract including this clause are in part or in whole void, or in case the contract contains a contractual gap, the validity of the other provisions or parts of provisions remains unaffected.
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II. Customer Information
1. Identity of the Vendor
Jivana Foods UG
Korbinianplatz 4C
80807 Munich
Germany
Email: info@jivanafoods.org
Alternative Dispute Resolution:
The European Commission has prepared a platform for out-of-court Online Dispute Resolution (ODR Platform), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
2. Information on the Conclusion of a Contract
The technical steps for the conclusion of a contract, the conclusion of a contract itself, as well as the possible corrective measures take place according to the provisions outlined in "Conclusion of a Contract" in our terms and conditions (§ 2).
3. Contractual Language, Contractual Text Retention
3.1. The contractual language is German.
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3.2. The complete contractual text is not retained by Jivana. The contractual data can be printed via the printing function of the browser or electronically saved before the submission of an order via the online shopping basket system. After the order has been received by Jivana, the legally required information regarding distance contracts as well as the terms and conditions are mailed to the consumer via email.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are included in each given offer.
5. Prices and Payment Methods
5.1. The total price is comprised of the listed price(s) of the given product(s) in addition to the cost of shipping. These prices comprise all price components including relevant taxes.
5.2. The incurred shipping costs are not included in the purchase price, unless it is said so otherwise. The shipping prices are accessible via an appropriately labelled button on Jivana's website or in the given offer, are separately displayed during the order process, and must be paid by the customer so long as free shipping is not assured.
5.3. If the delivery occurs in states outside of the European Union, additional costs may be incurred such as customs, taxes, or transaction fees (transfer fees or conversion rate fees from the credit institute), which must be covered by the customer. The incurred costs of transaction fees are also to be covered by the customer in cases where the delivery occurs in an EU member state, but the payment was made from outside of the EU.
5.4. The payment methods available to the customer are accessible via an appropriately labelled button on Jivana's website, or displayed in the given offer.
5.5. Insofar as is not outlined by the chosen payment method, the payment requirements resulting from the concluded contract are immediately due.
6. Delivery Conditions
6.1. The delivery conditions, the delivery date, as well as relevant delivery limitations as applicable are accessible via an appropriately labelled button on Jivana's website or displayed in the given offer.
6.2. In so far as the contractual party is a consumer, it is regulated by law that the risk of accidental loss or accidental impairment of the purchased goods during shipment is transferred to the customer after delivery of the goods to the customer, regardless of whether the shipment was insured or not. This provision does not apply if the customer independently chooses a delivery service not offered by Jivana or assigns delivery of the shipment to a given person.
If the contractual party is a commercial entity, then the delivery and shipment occur at the party's own risk.
6.3. So far as is not otherwise agreed, the delivery will be made to the address provided by the contractual party. The delivery address may be different from the billing address.
6.4. Information pertaining to the availability of products that are sold by Jivana are listed on the website (for example on a given product page). The details regarding availability, shipping, and delivery of a product are only and expressly estimates for general reference. These estimates do not represent guaranteed shipping or delivery dates unless expressly designated as a binding date in the shipping options of the product. In the case that Jivana ascertains while processing the order that the ordered product(s) is(are) not available, the customer will be notified. The statutory claims of the consumer remain unaffected.
6.5. If a delivery to the customer is not possible because the customer or a person granted the right to receive the delivery cannot be located at the given address even though the estimated delivery date was provided to the consumer with appropriate advance notice, then the consumer must bear the costs of an unsuccessful delivery and/or the costs of return and a new shipment.
6.6. Personal retrieval of the goods is not possible due to organisational reasons. A claim to personal retrieval does not apply. If, in individual cases, a standard delivery is obstructed by unusual circumstances such that the delivery cannot be considered, the customer is to contact Jivana. Jivana will then attempt within reasonable bounds to enable personal retrieval.
6.7. Insofar as not otherwise agreed, multiple products with different delivery dates will be combined into 1 shipment. In such a case, the delivery time for the product with the longest delivery estimate applies.
6.8. Jivana's shipments are mailed from the warehouse in Germany via DHL, Hermes, GLS or Deutsche Post AG. Delivery takes places within Germany within 1-2 working days so long as not otherwise noted on the given product pages on the website.
The time limit for delivery begins the day after the conclusion of the contract. In the case of advance payment via online transfer, this refers to the first business day after submission of advance payment to the credit institution, and in the case of advance payment via non-electronic transfer, the second business day after submission of advance payment to the credit institution.
The time limit for delivery expires with the conclusion of the last day of the delivery period. If the last day of the delivery period falls on a Sunday in a place where Sunday is officially recognised as a holiday, then the subsequent business day shall be counted as the last day of the delivery period.
7. Statutory Warranty Rights
The warranty for defects takes effect in accordance with the provisions outlined in "Warranty" in our terms and conditions (§ 5).
8. Vouchers
Vouchers are valid for the entire range of products in the shop. From the time of purchase, vouchers retain their value for a maximum of 3 years; thereafter the value of the voucher expires. To pay with a voucher, the voucher code must be submitted as a payment method so that the value of the voucher can be applied to the value of the purchase. Alternatively, the voucher can be applied as credit to the customer account. In such a case, the credit is saved to the customer account and can be used for future orders. Purchases are deducted from the credit of the voucher. Any remaining credit will be assigned to the customer account. If the value of the purchase exceeds the value of the voucher, then the difference must be accounted for with a different payment method. Status, redemption of the purchased voucher, and the existing credit from vouchers can be accessed at "My Account". There are no fees for redeeming a voucher.
last updated: 08.12.2023