Contractual terms within the framework of sales contracts and via the What's Up Jonny platform between

What's Up Jonny 

Jonathan Caubat

Sülztalplatz 1

51503 Rösrath ​

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Tel .: +49 (0) 2205 - 94 78 052

Fax: +49 (0) 2205 - 91 69 524

Mail:  Info@WhatsUpJonny.de

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Tax number 204/2088/4326

Bergisch Gladbach tax office

- hereinafter referred to as "provider" - and the customers named in § 2 of the contract - hereinafter referred to as "customer".

§ 1 Scope, Definitions

(1) For the business relationship between the webshop provider (hereinafter "provider") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.

§ 2 conclusion of contract

(1) The customer can select products from the supplier's range, in particular fanart merchandise articles, the more detailed content of the products being derived from the respective article description, and collect them in a so-called shopping cart using the “add to shopping cart” button. With the button “order with obligation to pay” he submits a binding application to purchase the products in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) is sent to the customer by the provider on a permanent data carrier (email or paper printout) (contract confirmation). The text of the contract is saved in compliance with data protection.

(3) The contract is concluded in German.

§ 3 delivery, availability of goods

(1) We are entitled to make partial deliveries insofar as this is reasonable for the customer.

(2) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is approx. 7 days.

(3) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

(4) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. This does not affect the customer's statutory right of withdrawal (see Section 9 of these contractual terms and conditions). In addition, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

(5) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria, Switzerland

§ 4 Retention of title The delivered goods remain the property of the provider until they have been paid for in full.

§ 5 prices, shipping costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.

(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer has to bear the direct costs of the return.

§ 6 payment modalities

(1) The customer can pay by bank transfer, credit card or PayPal®.

(2) The customer can change the payment method saved in his user account at any time.

(3) Payment of the purchase price for products is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest in the amount of 5 percentage points above the base rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.

§ 8 liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage typical for the contract if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 9 cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider informs about in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph 2. A sample withdrawal form can be found in paragraph 3.

Right of withdrawal

Right of withdrawal

You have the right to withdraw from 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 has taken possession of the goods.

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In order to exercise your right of withdrawal, you must contact us, What's Up Jonny, Jonathan Caubat, Sülztalplatz 1, 51503 Rösrath, Tel .: +49 (0) 2205 - 98 74 052, Fax: +49 (0) 2205 - 91 69 524, eMail : info (at) WhatsUpJonny.de, by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract.

You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid 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 will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send 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 to check the nature, properties and functionality of the goods.

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

(3) The provider informs about the model withdrawal form according to the legal regulation as follows:

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- To What's Up Jonny, Jonathan Caubat, Sülztalplatz 1, 51503 Rösrath, Tel .: +49 (0) 2205 - 98 74 052, Fax: +49 (0) 2205 - 91 69 524, eMail: info (at) WhatsUpJonny. de

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only if this is communicated on paper)

- Date (*) cross out where inapplicable

§ 10 final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

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