GTC / General Terms and Conditions
Version dated 1.7.2024

General Terms and Conditions

1 Contents
2 Scope of application
3 Conclusion of contract
4 Right of withdrawal
5 Prices and terms of payment
6 Delivery and shipping conditions
7 Retention of title
8 Liability for defects (warranty)
9 Special conditions for the processing of goods according to specific customer specifications
10 Redemption of promotional vouchers and redemption of gift vouchers
11 Applicable law
12 Place of jurisdiction
13 Alternative dispute resolution

  1. Scope of application
    1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Project JUNE (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
    1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
    1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
    1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
    1.5 These GTC also apply to services provided by subcontractors of the seller on site, in particular by "DER GUTWALD" for Landgasthof Jüterbog-Werder GmbH.

  2. Conclusion of contract
    2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
    2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email or online contact form.
    2.3 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or

  • by requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
    2.4 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
    2.5 Before binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
    2.6 The German and English languages are available for the conclusion of the contract.
    2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
    2.8 Consent to the use of the e-mail address for newsletters: By checking in at our hotel, guests agree that the e-mail address they have provided may be used to send newsletters and other information about the hotel. This consent can be revoked at any time by sending an informal message to the hotel or by using the unsubscribe link in the newsletter.

  1. Right of withdrawal
    3.1 Consumers are generally entitled to a right of withdrawal.
    3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
    3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

  2. Prices and terms of payment
    4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
    4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
    4.3 The payment option(s) will be communicated to the customer in the seller's online store.
    4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

  3. Delivery and shipping conditions
    5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.
    5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision made in the seller's revocation instructions shall apply to the return costs.
    5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
    5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
    5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
    5.6 Vouchers are provided to the customer as follows:

  • by e-mail

  • by post

  1. Retention of title
    If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

  2. Liability for defects (warranty)
    7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:
    7.2 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;

  • the limitation period for defects in new goods is one year from delivery of the goods;

  • rights and claims for defects are excluded for used goods;

  • the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
    7.3 The above limitations of liability and shortening of the limitation period do not apply

  • for claims for damages and reimbursement of expenses by the customer,

  • in the event that the seller has fraudulently concealed the defect,

  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,

  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
    7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
    7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
    7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

  1. Special conditions for the processing of goods according to certain specifications of the customer
    8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.
    8.2 The customer shall indemnify the seller against claims of third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
    8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

  2. Redemption of promotional vouchers
    9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.
    9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
    9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
    9.4 Only one promotional voucher can be redeemed per order.
    9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
    9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
    9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
    9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
    9.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

  3. Redemption of gift vouchers
    10.1 Gift vouchers that can be purchased via the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.
    10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
    10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
    10.4 Only one gift voucher can be redeemed per order.
    10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
    10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
    10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
    10.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

  4. Applicable law
    11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply 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.
    11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

  5. Place of jurisdiction
    If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

  6. Alternative dispute resolution
    13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
    13.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.

Copyright notice: These GTC were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright(https://www.it-recht-kanzlei.de)