General Terms and Conditions (GTC)
1. Scope of Application
1.1 The following General Terms and Conditions apply to all contracts concluded between the provider Maggy and Jules® (hereinafter referred to as the “Provider”) and the customer through the online store of Maggy and Jules®.
1.2 The offer is directed at both consumers within the meaning of Section 13 of the German Civil Code (BGB) and business customers within the meaning of Section 14 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 These General Terms and Conditions also apply to contracts concerning the provision of digital content, unless otherwise expressly agreed in individual cases. For the purposes of these GTC, digital content means data that is produced and provided in digital form. Such content can be accessed electronically after purchase.
1.4 The contractual language is generally German. However, the online store also allows orders to be placed in additional selectable languages. In the event of discrepancies or uncertainties between different language versions, the German version shall prevail.
2. Conclusion of Contract
2.1 The presentation of products in the online store does not constitute a legally binding offer but merely an invitation to the customer to submit a binding offer.
2.2 Various language options are available for the conclusion of the contract. The specific language in which a contract can be concluded is displayed to the customer in the online store. The customer can change the language at any time during their visit to the online store. In case of discrepancies or ambiguities between language versions, the German version shall prevail.
2.3 By completing the electronic ordering process and clicking the final order button, the customer submits a legally binding offer to conclude a contract. Before submitting the binding order, the customer is given the opportunity to review all entered information and correct any input errors.
2.4 After submitting the order, the customer receives an automated order confirmation by email. This confirmation does not constitute acceptance of the offer but merely confirms receipt of the order by the Provider.
A binding contract is only concluded when:
- the Provider explicitly accepts the customer's order in writing via email,
- the Provider delivers the ordered goods or provides access to the digital content, or
- the Provider requests payment from the customer after the order has been placed,
whichever of these events occurs first.
The Provider may accept the customer’s offer within five business days after receipt of the order. If the Provider does not accept the offer within this period, the offer is deemed rejected and the customer is no longer bound by their declaration of intent.
If more than one of the actions mentioned above occurs, the contract is deemed concluded at the time of the earliest action.
2.5 If the customer selects a payment method offered by PayPal, the contract is already concluded—deviating from the above principles—upon the customer's confirmation of the payment instruction and the corresponding confirmation of the payment by PayPal, provided that the Provider does not issue a deviating declaration of acceptance in this case.
2.6 Order processing and further communication are generally carried out by email. The customer must ensure that the email address provided is correct, and that the receipt of emails is technically possible and not hindered, for example, by spam filters or storage limitations.
2.7 The customer may choose to create a customer account or place an order as a guest. If a customer account is created, the order data will be stored and can be accessed by the customer at any time free of charge via login to their customer account. The customer is responsible for keeping their login credentials confidential and not sharing them with third parties. The Provider is not liable for any damages resulting from unauthorized use of the customer account by third parties, unless the Provider is responsible for such misuse. The customer may delete their customer account at any time or request deletion through customer support, provided that no statutory retention obligations exist.
3. Prices and Payment Terms
3.1 The prices displayed include the applicable statutory value-added tax, which may vary depending on the delivery country, if such tax applies. Prices may be shown in different currencies; the relevant currency is the one displayed to the customer during the ordering process. In addition to the stated prices, further delivery and shipping costs may apply depending on the type of product and delivery method. These will be disclosed separately during the ordering process and must be borne by the customer.
3.2 For deliveries to countries outside the European Union, additional charges may apply, particularly customs duties, import taxes, or local levies. These costs must be borne by the customer and are subject to the regulations of the destination country. In such cases, delivery is usually made without charging German value-added tax, provided the legal conditions for a tax-exempt export shipment are met.
3.3 The payment methods offered in the online store will be presented to the customer during the ordering process. When selecting specific payment methods, especially those processed through third-party providers, the respective terms and conditions of those payment service providers shall also apply. The customer will be informed separately of such terms during the ordering process.
3.4 When selecting the "PayPal" payment method, the payment process is handled by the payment service provider PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg). The terms of use of PayPal apply in addition, which may differ depending on whether the customer holds a PayPal account or not.
For customers with a PayPal account, the applicable terms can be accessed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
For customers without a PayPal account, the applicable terms for payments without a PayPal account can be found at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
The customer will be informed of these terms during the payment process and may be required to accept them.
3.5 Payment service providers may use the services of additional third parties to process payments, such as technical providers or intermediary billing platforms. The Provider has no influence over the design or functionality of such third-party services and assumes no responsibility or liability for them.
Some payment service providers also reserve the right to conduct a credit check before accepting a payment, particularly in the case of payment methods involving a default risk, such as payment by invoice. For this purpose, credit information may be obtained from credit agencies. If the result of the credit check is negative, the payment service provider or the Provider may reject certain payment methods. In such cases, the customer will be informed and offered alternative payment options.
4. Delivery and Shipping Terms
4.1 The delivery of physical products is carried out by shipping to the delivery address provided by the customer during the ordering process, unless otherwise agreed. Deliveries are made to the countries listed in the online store. The applicable delivery times and any shipping costs will be communicated to the customer separately during the ordering process. Self-collection by the customer is not possible.
4.2 The risk of accidental loss or accidental deterioration of the goods passes to the customer who qualifies as a consumer within the meaning of Section 13 of the German Civil Code (BGB) upon delivery of the goods to the customer or a person authorized to receive them.
If the customer qualifies as a business within the meaning of Section 14 BGB, the risk of accidental loss or accidental deterioration passes upon handover of the goods to the shipping company, freight carrier, or any other person or institution designated to carry out the shipment.
Handover shall be deemed to have occurred if the customer is in default of acceptance.
4.3 The customer is obligated to inspect the delivered goods immediately upon receipt and to report any visible transport damage to the Provider and the shipping company without delay.
4.4 If the delivery of the goods fails for reasons attributable to the customer, such as an incorrect delivery address, refusal to accept the delivery, or repeated failed delivery attempts, the customer shall bear the costs of the unsuccessful delivery as well as any costs for a potential redelivery. If no redelivery takes place, the customer will be refunded the purchase price minus the incurred shipping and potential return costs, provided there is no statutory exclusion of refund.
4.5 Digital content is provided exclusively in electronic form. The content is made available by sending a download link via email and, if the customer has created a customer account, by enabling a download option in the customer account.
5. Retention of Title
If the Provider delivers goods in advance, ownership of the delivered goods shall remain with the Provider until full payment of the purchase price owed has been received. The customer is obligated to handle the goods subject to retention of title with due care. In the event of access by third parties—particularly in cases of enforcement measures—the customer must inform the Provider immediately in writing and notify the third party of the Provider’s ownership rights.
6. Usage Rights for Digital Content
6.1 Upon the purchase of digital content, the Provider grants the customer a non-exclusive, geographically and temporally unrestricted right to use the provided content solely for private purposes. This right of use is non-transferable and non-sublicensable and is limited to use in accordance with the purpose of the respective offer.
6.2 Any use of the digital content beyond this scope, particularly for commercial, business, or public purposes, is prohibited without the Provider’s prior express written consent. This includes, in particular, the reproduction, distribution, publication, public access, or modification of the content—regardless of the form or medium. Any use beyond the expressly granted private rights may result in civil and criminal legal consequences.
7. Right of Withdrawal
7.1 Consumers whose place of residence is within the European Union are entitled to a statutory right of withdrawal in accordance with Section 355 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). The Provider informs consumers separately about the details of this right of withdrawal, particularly regarding the conditions, deadlines, and consequences, in the withdrawal policy.
7.2 Consumers who, at the time of contract conclusion, have neither their place of residence nor their delivery address in a member state of the European Union are not entitled to a right of withdrawal. The relevant status of residence and delivery address at the moment of the legally binding order shall be decisive.
8. Liability
8.1 The Provider shall be liable for damages and for the reimbursement of futile expenses, regardless of the legal basis. This applies in particular to claims arising from contractual, quasi-contractual, or statutory provisions, including tort claims, in the following cases:
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- under an expressly assumed guarantee, unless otherwise stipulated,
- as well as in cases of mandatory liability, particularly under the German Product Liability Act (Produkthaftungsgesetz).
8.2 The Provider shall also be liable in the event of the breach of essential contractual obligations (so-called cardinal obligations). Cardinal obligations are those duties the fulfillment of which is essential for the proper execution of the contract and on which the customer may regularly rely. In such cases, the Provider’s liability is limited to typical and foreseeable damages.
8.3 Any further liability of the Provider is excluded. The above limitations of liability also apply in favor of the Provider’s legal representatives, employees, and vicarious agents.
9. Defect Liability (Warranty)
9.1 The statutory provisions on liability for defects (warranty) shall apply unless otherwise specified below.
9.2 In contracts with consumers, the Provider’s liability for material and legal defects in delivered goods shall be governed by the statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The statutory warranty period is two years from the date of delivery of the goods. The Provider requests that consumers report any obvious transport damage to the delivery carrier as soon as possible and inform the Provider accordingly. Failure to report such damage has no effect on the customer’s statutory warranty rights but helps the Provider assert its own claims against the shipping company.
10. Applicable Law and Jurisdiction
10.1 All legal relationships between the Provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2 This choice of law shall apply to consumers only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence at the time of concluding the contract.
10.3 This choice of law shall not apply to consumers who, at the time of conclusion of the contract, neither reside nor have a delivery address in a member state of the European Union. In such cases, the law of the country in which the consumer has their habitual residence at the time of conclusion of the contract shall apply.
10.4 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 the contractual relationship shall be the registered office of the Provider.
11. Final Provisions
11.1 Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the relevant statutory provisions shall apply.
11.2 The Provider does not permanently store the text of the contract in a form accessible to the customer after the conclusion of the contract. The customer is therefore advised to save or print the contractual documents, including these Terms and Conditions, on their own behalf.
11.3 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.