General Terms and Conditions of Business (T&Cs) and Notes for Consumers
Your Supplier and Contractual Partner
Justine Leconte
c/o Factory Berlin
Rheinsberger Str. 76/77
10115 Berlin
Germany
VAT ID No.: DE-299 546 825
You can contact our Customer Service with respect to any queries, complaints and objections:
Monday to Friday from 12.00 noon to 6.00 p.m.
info(at)justineleconte.com
www.justineleconte.com
These terms & conditions apply to physical product purchases made on www.justineleconte.com.
(See further down on this page for digital products.)
1. Scope
1.1. We supply in accordance with the following General Terms and Conditions of Business, which form the basis for the contracts concluded with us relating to the items offered on the site - our Internet shop www.justineleconte.com.
1.2. Where reference is made to Consumers in these Terms and Conditions of Business, this is in accordance with the statutory regulation (Section 13 German Civil Code (BGB)) and means natural persons who place an order for purposes that are predominantly outside of their business, trade or profession. Entrepreneurs according to the statutory regulation (Section 14 BGB) are natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession. Customers as contemplated by these Terms and Conditions of Business are both Consumers and Entrepreneurs.
1.3. If business days are indicated as time limits, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays that apply at our headquarters in Berlin, Germany.
2. Storage Facility and Access to Text of Contract
2.1. We shall make these T&Cs and the other contractual provisions with the data of your order within the ordering process available for retrieval. You may easily archive this information there by either downloading the T&Cs and saving the data collated in the ordering process within the Internet shop (www.justineleconte.com) with the aid of the functions in your browser or you can wait for the automatic confirmation of order receipt, which we will send you additionally by e-mail after completion of your order to the address you have indicated.
2.2. The text of the contract will be stored at our premises but, for reasons of security, you will not be able to retrieve it immediately. We offer password-protected direct access for every Customer. Upon registration, you will be able to manage your data here. The Customer undertakes to treat the personal access data in strict confidence and not to make such data available to any unauthorized persons. The T&Cs are available on our website in their current version.
3. Contractual Partner, Language and Conclusion of Contract
3.1. Your contractual partner is Justine Leconte. In our Internet shop, contracts can only be concluded in English at present. Our advertised offers are without engagement as long as they do not become part of a contractual agreement. Prior to submitting your order, there is an opportunity for you to check and correct the data you have entered.
3.2. By submitting your order, you are entering into a binding contractual agreement. After your order has been received, an order confirmation will be sent to you automatically. This acknowledgement of receipt still does not constitute any acceptance of your order.
3.3. A binding contract comes into effect through our notification of acceptance, which is sent by separate e-mail; in the case of advance payment, it comes into effect on receipt of our payment request.
3.4. Subject to your statutory right of revocation, you are bound to your order for a maximum period of two business days.
3.5. Articles may be reserved in the case of advance payments for a maximum of 7 business days. If your payment is received after this period, delays in delivery may occur.
4. Prices, Shipping Costs
4.1 Orders in our Internet shop are subject to the prices listed in the offer at the time of ordering. The prices indicated are total prices, which means that they contain German value added tax if applicable to your country of residence, at the statutory rate and any other price components.
For details of any supplementary shipping costs that may apply, please refer to the details in the Shop under “Shipping Info”. In the case of specially produced products and for business customers, we charge separate processing and shipping costs by way of exception. These costs are not assessed as a fixed sum and vary according to the extent of the order.
4.2 In the case of deliveries outside of Germany, additional costs may arise for the import into a third country (duties, any customs fees that may be due and turnover taxes on imports). These miscellaneous costs shall be borne by the Customer.
5. Payment, Delivery
5.1. We offer the following payment options in the online shop:
- Paypal payment system
The debit entry will be made shortly after your purchase.
- Credit card (MasterCard, Visa, American Express)
The debit entry will be made shortly after your purchase.
- Debit card (EC card)
The debit entry will be made shortly after your purchase.
- Apple Pay:
The debit entry will be made shortly after your purchase.
- Amazon Pay:
The debit entry will be made shortly after your purchase.
- Google Pay:
The debit entry will be made shortly after your purchase.
Payments via debit card, credit card and Apple Pay are handled through Shopify Payments. Payments through Shopify are processed securely, according to the current safety standards.
5.2. We deliver mainly with DHL / Deutsche Post and UPS. Deliveries to Packstations or post office boxes or ‘poste restante’ consignments are not possible. You will receive notification + a tracking number from us of once the goods have been shipped. If delivery was not possible, you will receive notification from the transport company, providing details of further options.
5.3. The following delivery time estimations may vary during holiday seasons & bank holidays: within Germany, orders are generally delivered within 2 to 4 business days after shipping. We indicate any differences in delivery times on the relevant product page. Deliveries to other countries in Europe (E.U.) are delivered within 4 to 7 business days after shipping. Deliveries to other countries can take 7 – 21 business days. In the case of pre-orders, special attention is drawn to the date / calendar week from which the consignment will start. This is, however, provided solely for purposes of information and without any claim to accuracy.
5.4. The obligation to deliver shall be waived if we in turn have not received the correct goods from our own suppliers in good time and are ourselves not responsible for the lack of availability. If the goods are not available, we shall notify you immediately and refund any advance payment made without delay.
5.5. The delivery time shall be extended accordingly if the delivery is adversely affected by strike action or lock-outs as well as any other circumstances for which we are not responsible, in particular in cases of deliveries delayed due to force majeure. If we are aware of an issue that might affect delivery, we shall notify the purchaser of the beginning and end of such obstructions without delay.
5.6. In the case of Consumers, the risk of accidental loss and deterioration of the sold goods in the case of a sales shipment passes to the Consumer when the person effecting the transport hands the goods over to the Consumer, to a recipient specified by the Consumer or to a third party (e.g. the shop next door). This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and deterioration of the goods shall pass to the purchaser in the case of a sales shipment when the goods are delivered to the forwarding agent or other person or organization designated to execute the shipment.
6. Right of Revocation for Consumers
6.1. Below you will find information on the requirements and consequences of the statutory right of revocation in the case of mail order purchases.
These terms & conditions apply to purchases made on www.justineleconte.com.
Revocation instructionRight of revocation
You have the right to cancel this contract within fourteen days without the need to provide any reason.
The period of revocation is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the last item.
In order to exercise your right of revocation, you must notify us (info@justineleconte.com) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You may use the attached sample of a revocation form, but this is not mandatory.
In order to observe the revocation period, it is sufficient for you to send notification of your decision to exercise your right of revocation before the revocation period expires.
Consequences of revocation
If you revoke this contract, we are obliged to refund all payments that we have received from you, excluding the payment costs (depending on the payment method selected) and including the delivery costs (with the exception of additional costs incurred by your choosing a form of delivery other than the most economical standard delivery that we offer), without delay and at the latest within 14 days of the date on which we received your item back. We shall use the same means of payment for this refund as that which you employed during the original transaction, unless another means has been explicitly agreed with you; under no circumstances will we charge you a fee for this refund. We can refuse a refund until we have received the goods or until you have furnished proof that you have sent back the goods, whichever is earlier.
You shall return or hand over the goods without delay, and in any case at the latest within fourteen days of the date on which you notify us of the revocation of this contract, to Justine Leconte, (see address at the top of this page). The time limit shall be deemed to have been complied with if you dispatch the goods before the period of fourteen days expires. We shall bear the costs of returning the goods at the lowest possible shipping cost, with a tracking number, without any extra insurance. You are only obliged to pay any loss in value of the goods if such loss in value is attributable to the goods being handled in such a way as is not commensurate with an inspection of the quality, properties and function of the goods.
6.2. Exceptions from right of revocation
Legal exceptions to the right of revocation are in force (Section 312g BGB), and we reserve the right to invoke the following regulations in relation to your contract:
The right of revocation does not apply to contracts for the supply of goods that are not prefabricated and the production of which is governed by an individual choice or decision by the Consumer or that are clearly tailored to the personal needs of the Consumer.
7. Sample Declaration of Revocation
Sample revocation form
(If you wish to revoke the contract, please fill in this form and send it back to us.)
- to JUSTINE LECONTE (info@justineleconte.com)
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following item (*)/the provision of the following service (*):
- Item name & quantity
- Ordered on (*)/received on (*)
- Name of Consumer(s)
- Address of Consumer(s)
- Signature of Consumer(s) (only for messages on paper)
- Date
--------------------------------------
(*) Please delete where inapplicable
8. Retention of Title
The goods shall remain our property until payment has been made in full.
9. Guarantee, Complaints, Warranties
9.1. In the event of the goods being defective, a statutory warranty right (warranty) is in force for the Customer. Warranty claims against Entrepreneurs are restricted to a period of one year from delivery in the case of shipments of new goods.
9.2. Entrepreneurs must provide written notification of any apparent defects promptly, but at the latest within a period of 14 days from receipt of the goods. If defects are discovered that are not apparent, there is an obligation to provide notification promptly, at the latest within 14 days from discovery of the defect. Otherwise, the goods shall be deemed to have been approved even with regard to the specific defect. To be in compliance with this time limit, it is sufficient to post the notification in due time. By way of supplementation, Section 377 of the German Commercial Code (HGB) shall also apply to business people.
9.3. The limitations or exclusions of warranty liability specified in the provisions under 9.1 and 9.2 shall expressly exclude claims for damages based on defects involving injury to life, limb or health due to a breach of duty for which we are responsible, and claims for other damages resulting from an intentional or grossly negligent breach of duty on our part. The claims excluded above shall be subject to the statutory period of limitation of two years. Limitations and exclusions of warranty claims in general shall not apply where we have furnished a quality warranty or in the case of fraudulent concealment of a defect within the meaning of Section 444 BGB. In these cases, we shall also be liable in the event of simple negligence. Any manufacturer’s warranty shall also remain unaffected. The provision of Section 478 of the BGB concerning the recourse of the Entrepreneur when selling newly manufactured goods to a Consumer shall also remain unaffected. Any exclusion or limitation of liability on our part and any related exception as specified above shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.
9.4. A statutory warranty right (warranty) is in force. In particular, in the event of defects subject to statutory warranty, we are obliged, within the warranty period, to ensure free supplementary performance, i.e. to remedy the defects or provide replacement. Consumers as contractual partners shall be free to choose whether supplementary performance shall take the form of remedying the defect or providing replacement. We shall be entitled to refuse the option of supplementary performance chosen, specifically where this involves a disproportionate amount of costs, whereas the other option of supplementary performance would not result in significant prejudice to the contractual partner. In the case of contracts with Entrepreneurs, the type of supplementary performance shall be at our discretion. If we are not prepared to or not able to remedy the defect or to provide a replacement or if this extends beyond a reasonable deadline due to reasons for which we are accountable or if the remedying of the defect or replacement delivery should otherwise fail, you are entitled to demand a corresponding reduction in the purchase price or to withdraw from the contract. If the statutory prerequisites apply, claims for damages may also arise. Withdrawal from the contract and provision of compensation instead of the full performance shall also be excluded if the defect only negligibly reduces the value or serviceability of the purchased item or works.
10. Data Protection Notes
Our data protection procedure is based on the legal provisions. You will find details on the capture and use of your personal data on our website under “Privacy and cookies”.
11. Applicable Law, Place of Jurisdiction
11.1 All legal transactions or other contractual relations with us shall be subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even after incorporation into German law, shall not be applicable. This choice of law also means that the Customer habitually resident in one of the States of the EU or Switzerland shall not be deprived of the protection granted to him as a result of mandatory legal provisions of this State.
11.2 In business transactions with business people and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions of Business and individual contracts concluded within their scope, including actions relating to bills of exchange and cheques, shall be our headquarters. In this case, we are also entitled to bring legal action at the headquarters of the Customer. Any exclusive place of jurisdiction shall remain unaffected by the provision above.
12. Severability Clause
In the event that any provisions of these General Terms and Conditions of Business should not be legally valid, either wholly or in part, or if they should lose their legal validity at a later date, this shall not otherwise affect the validity of the General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same shall apply if the General Terms and Conditions of Business prove to have an unforeseen omission.
Additional terms & conditions for digital products:
1. Scope
A digital product can be any content file, template, course or membership which is delivered to the customer via the internet.
2. Transaction and delivery of content
Digital products are sold via our provider ThriveCart, using the payment service Stripe. Terms & conditions of these providers can be seen on their respective websites.
The delivery of the purchased content is done via our ThriveCart-hosted platform.
3. Right of revocation for customers
Due to the nature of digital content, all purchases of digital products, courses and memberships from our sites are final.
4. Intellectual property
The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.
When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.
You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:
– modify, copy, reproduce or sell the materials
– use the materials for any commercial purpose
– decompile or reverse engineer
– remove any copyright or other proprietary notations from the materials
– transfer the materials to another person
– create derivative works based upon the materials
– offer any competing products based upon the materials
5. Confidentiality
You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our sites and information, contents, materials, documents, products, or services included, offered, or purchased on or through the sites.
You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.
Updated: September 8th, 2023