Terms of service

TERMS OF SERVICE

§ 1 OVERVIEW AND SCOPE

Welcome to Jimmy + Jo GmbH! The terms “we”, “us” and “our” refer to Jimmy + Jo GmbH. Jimmy + Jo GmbH operates this shop and this website, including all information, content, features, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Services”). Jimmy + Jo GmbH is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, together with all policies referenced herein (these “General Terms and Conditions” or “Terms of Service”), constitute your rights and obligations when using the Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

§ 2 ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online shops or purchasing products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

§ 3 OUR PRODUCTS

We have made every effort to display our products and services in our online shops as accurately as possible. However, please note that the colors or appearance of the products may vary depending on the type of device you use, as well as its settings and configuration, and may differ from the representation on your screen.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the representation in our online shops.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

§ 4 ORDERS

When you place an order, you are making an offer to purchase. Jimmy + Jo GmbH reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Jimmy + Jo GmbH confirms acceptance. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as Jimmy + Jo GmbH may no longer be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of the order.

Your purchases can only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

§ 5 PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, duties, or import fees.

Prices stated in our online shops may differ from prices in physical stores or in online or other shops operated by third parties. We may offer promotions from time to time that affect pricing and are governed by terms separate from these Terms of Service. In the event of a conflict between the terms of a promotion and these Terms of Service, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

§ 6 SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the products over to the shipping carrier, title and risk of loss transfer to you, unless mandatory consumer protection law provides otherwise.

§ 7 INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, videos, and audios, as well as their design, selection, and arrangement, are the property of Jimmy + Jo GmbH, its affiliates, or licensors and are protected by German, European, and other applicable patent, copyright, and other intellectual property laws. These Terms of Service permit you to use the Services solely for your personal, non-commercial use.

You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Jimmy + Jo GmbH.

§ 8 RELATIONSHIP WITH SHOPIFY

Jimmy + Jo GmbH is powered by Shopify, which allows us to provide the Services to you. However, any sales and purchases you make in our shop are made directly with Jimmy + Jo GmbH. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Jimmy + Jo GmbH.

§ 9 PROHIBITED USES

You may access and use the Services for lawful purposes only. Prohibited in particular are: violating any applicable laws or the rights of third parties; infringing our intellectual property rights; harassing, abusing, or harming any other person; transmitting false or misleading information; uploading viruses or malicious code; collecting the personal data of others; and using any robots, spiders, scraping or data-extraction tools, or AI tools to access the Services. We reserve the right to suspend or terminate your account at any time without notice in the event of a breach.

§ 10 WARRANTY

For consumers, the statutory warranty rights under German law apply. The statutory rights in respect of defects remain unaffected by these Terms of Service.

§ 11 LIMITATION OF LIABILITY

To the extent permitted by law, our liability for slight negligence is excluded, unless material contractual obligations (cardinal obligations) are breached. Liability for damages resulting from injury to life, body, or health, and for damages caused by intent or gross negligence, remains unaffected. In such cases, the statutory provisions of German law apply.

§ 12 GOVERNING LAW

These Terms of Service are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction shall be, to the extent legally permissible, the registered seat of Jimmy + Jo GmbH. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.

§ 13 RIGHT OF WITHDRAWAL (WIDERRUFSBELEHRUNG)

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (Jimmy + Jo GmbH, Stresemannstraße 27, 40210 Düsseldorf, Germany, email: store@jimmyplus.fashion, telephone: +49 1521 5907325) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

§ 14 CONTACT

Questions about these Terms of Service should be sent to: Jimmy + Jo GmbH, Stresemannstraße 27, 40210 Düsseldorf, Germany, email: store@jimmyplus.fashion, telephone: +49 1521 5907325.