Hello Jack GmbH

Terms of service

AGB

General Terms and Conditions of Business

§1 General, Scope

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between Hello Jack GmbH (hereinafter referred to as "Supplier") and its customer in the respective version valid at the time of conclusion of the contract.

Deviating general terms and conditions of the customer are rejected.

Customers according to §1 (1) are both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. In contrast, an entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial, self-employed or freelance purposes.

§2 Ordering of one-off deliveries and conclusion of the contract

The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely invited to make an offer by placing an order. The customer can view past orders in his user account.

When selecting one or more products, the latter are placed in the virtual shopping basket. In the shopping basket, all products assigned to it can be viewed. In addition, the number of ordered products can be changed or an ordered product can be removed. By pressing the button "Checkout", you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By pressing the "Buy now" button, the ordering process is completed and the order is sent.

By sending the order in the Internet shop, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the supplier.

The supplier confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual offer shall be made within two days by delivery of the goods or an express declaration of acceptance. 

In deviation from §2 (4), in the case of purchase by advance payment, the order confirmation simultaneously represents the acceptance of the contractual offer.

§3 Order, cancellation and conclusion of the contract for subscriptions

The presentation of the goods as a subscription in the Internet shop does not constitute a binding offer by the provider to conclude a subscription. The customer is merely invited to make an offer by placing an order. The customer can view the General Terms and Conditions at any time at www.hellojack.eu/agb.

After selecting one or more products, the customer is given the opportunity to place an order for various subscriptions, which differ in purchase price and contract term. The products assigned to the subscription can be viewed in the shopping cart. By pressing the button "Checkout", you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By pressing the "Buy now" button, the ordering process is completed and the order is sent.

By sending the order in the Internet shop, the customer submits a binding offer directed towards the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the provider.

The subscriptions available for the customer to choose from differ in terms of duration as follows.




3-month subscription

Monthly delivery of the ordered goods

The contract period is three months, i.e. the contract ends automatically after three months and does not have to be cancelled additionally by the customer.

The parcels are dispatched on the same day each month, starting from the day the subscription is concluded, as long as this day does not fall on a weekend. (Example: If the subscription was taken out on 12 November, the next packages are scheduled to be sent out on 12 December, 12 January, etc.).

12-month subscription

Monthly delivery of the ordered goods

The contract period is twelve months, i.e. the contract ends automatically after twelve months and does not have to be additionally terminated by the customer.

The packages are sent on the same day each month, starting from the day the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was concluded on 12 November, the next packages are scheduled to be sent on 12 December, 12 January, etc.).

The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made within two days by the first delivery of the goods selected in the subscription or an express declaration of acceptance.

Cancellations can be sent at any time to hi@hellojack.eu or to the following address.




Hello Jack GmbH

Keyword: Cancellation

Tegnerstrasse 2

10439 Berlin




The cancellation conditions from §13 of these GTC apply.

§4 Prices

The prices listed for the products at the time of the order apply to orders. All prices quoted include the German statutory value added tax and do not include shipping costs. Additional costs will be charged separately.

§5 Terms of delivery

For delivery to Germany, shipping costs of € 2.90 will be charged for a goods value of less than € 30. If the value of the goods exceeds 30 €, delivery to Germany is free of charge.

The supplier is entitled to partial deliveries and partial services. Any costs arising from this shall be borne by the supplier.

The delivery within Germany is carried out by DHL. The supplier ships from Monday to Friday noon.

If a buyer does not accept the goods, the supplier can sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss incurred.

Should the goods not be available due to force majeure or product discontinuation or should the supplier not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after the conclusion of the contract and are not the responsibility of the supplier, the supplier shall be released from the obligation to deliver. If events occur which make delivery significantly more difficult or impossible for the supplier - for example strike, lockout, official orders or similar - the supplier is not responsible for delays even in the case of bindingly agreed deadlines and dates.

If you exercise your right of revocation, the supplier shall bear the regular costs of the return shipment.

§6 Terms of payment

For one-time orders, which do not constitute subscriptions, we offer credit card (Visa, Mastercard) and PayPal as payment methods. We reserve the right to exclude certain payment methods.

For payment in advance, payment is due immediately after conclusion of the contract. Please transfer the total amount to this bank account:

 

Account holder: Hello Jack GmbH

IBAN: DE82 1007 0024 0896 8430 00

BIC: DEUTDEDBBER

Bank: Deutsche Bank




If you pay by credit card, the amount will be reserved when the order is completed and the account will be debited when the goods are dispatched. Credit card settlements are carried out by:

Contracting Entity: PayPal (Europe) Sàrl et Cie, SCA, a limited liability partnership registered in the Luxembourg , R.C.S. Luxembourg B 118 349

Representative/ general partner: PayPal (Europe) S.à r.l.: R.C.S Luxembourg B 127 485

Representative of the general partner (director): Rupert Keeley

PayPal (Europe) Sàrl et Cie, SCA is licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (the "CSSF"), and is regulated by the Central Bank of Ireland for conduct of business rules applicable in Ireland. 

The CSSF has its registered office in L-1150 Luxembourg.

In the case of subscriptions, the amount will be debited monthly when the goods are dispatched.

Payment by invoice (Klarna)

In cooperation with Klarna we offer you the purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case.

When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here. The online shop charges a fee of 0 euros per order when purchasing on account with Klarna.

Data protection notice: Klarna checks and evaluates your data information and exchanges data with other companies and credit agencies if there is a justified interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations.

Purchase by direct debit; direct debit authorisation; processing fee for returned direct debits

When purchasing by direct debit, the payment amount is due immediately for payment by direct debit by our external partner Billpay GmbH from the current account specified in the ordering process at the credit institution specified there (the current account). You hereby grant Billpay GmbH a SEPA direct debit mandate to collect payments due and instruct your financial institution to honour the direct debits. The creditor identification number of Billpay is DE19ZZ00000237180. You will be informed of the mandate reference number by email at a later date.

Note: Within eight weeks, starting with the date of debit, you can request a refund of the debited amount. The conditions agreed with your financial institution apply. Please note that the amount due remains payable even in the event of a return debit note. You can find further information at https://www.billpay.de/sepa. The advance information on the collection of the SEPA direct debit will be sent to you by email at least one day before the due date to the email address you provided during the ordering process. If the current account does not have the required cover, the account-holding bank is not obliged to honour the direct debit. Partial redemptions will not be made in the direct debit procedure.

The payment method purchase by direct debit is not available for all offers and requires, among other things, a successful credit check by Billpay GmbH and a current account maintained in Germany. If the customer is permitted to purchase by direct debit for certain offers after a credit check, the payment is processed in cooperation with Billpay GmbH, to whom we assign our payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. We shall remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revocation declarations and deliveries or credit notes even if the purchase is made by direct debit via Billpay. The General Terms and Conditions of Billpay GmbH apply.


By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will ensure the necessary cover. Return debit notes involve a lot of effort and costs for us and Billpay GmbH. In the event of a return debit note (due to lack of required coverage of the current account, due to expiry of the current account or unjustified objection by the account holder), you authorise Billpay to submit the debit note for the respective due payment obligation a second time. In such a case, you are obliged to pay the costs incurred by the return debit note. We reserve the right to make further claims. In view of the effort and costs involved in return direct debits and in order to avoid the processing fee, we ask you not to object to the direct debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, the reversal of the payment will be effected by transferring back the corresponding amount or by credit note after consultation with us.


Furthermore, the provider also uses trustworthy third parties to process payments. In this respect, the provider accepts payments to such third parties on account of performance (§364 II BGB). Specifically, this is currently the payment service provider PAYONE GmbH & Co. KG. which is already active for a large number of large and small companies and processes payments for the provider: Address: PAYONE GmbH & Co. KG Fraunhoferstraße 2-4 24118 Kiel, Germany.

§7 Transfer of risk

In the case of customers, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the customer or a recipient designated by the customer when the goods are handed over. This applies regardless of whether the shipment is insured or not. In other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.

§8 Retention of title

In the case of consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.

§9 Due date

Payment of the purchase price is due upon conclusion of the contract.

§10 Exclusion of liability

Claims for damages on the part of the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the supplier, insofar as the customer asserts claims against them.

Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

§11 Prohibition of assignment and pledge

The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider's consent, unless the customer proves a legitimate interest in the assignment or pledging.

§12 Offsetting and right of retention

The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.

If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

If you have any questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data as well as revocation of consents granted, please contact: hi@hellojack.eu.

§13 Cancellation policy

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days:

In the case of a contract of sale, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

In the case of a contract for several goods ordered as part of a single order and delivered separately, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

In the case of a contract for the regular delivery of goods over a fixed period of time, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

To exercise your right of withdrawal, you must inform us (Hello Jack, a brand of Hello Jack GmbH, Mühlenstrasse 23 B, 13187 Berlin, hi@hellojack.eu) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract to the

 

Hello Jack GmbH

Tegnerstrasse 2

10439 Berlin

Germany

or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the 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 for checking the condition, properties and functioning of the goods.

§14 Cancellation form

If you wish to cancel the contract, please complete and return this form.

To:

Hello Jack GmbH,

Mühlenstrasse 23 B

13187 Berlin

E-mail: hi@hellojack.eu




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 consumer(s): ______________________________

 

- Order number: ______________________________

 

- Address of consumer(s):

 

______________________________

 

______________________________

 

______________________________

 

- Signature of the consumer(s) (only in case of paper communication):

 

______________________________

 

- Date:

(*) Delete as applicable.




§15 Legal liability for defects

The statutory liability for defects applies to all our products.

§16 Money-back guarantee


In addition to the statutory cancellation period, the customer has the option of returning the products within 16 days, with a right to a refund of the purchase price. The period begins after receipt of the goods and after expiry of the statutory withdrawal period.

The customer is only entitled to the money-back guarantee if the product has been consumed to no more than one third of its original content and if the document downloadable from the following link has been completed. The document contains all further details for proper execution. The product must be returned at the customer's expense.

Download here: Money-back guarantee form

Upon successful receipt of the goods by the supplier within the 16 day period and if all the above conditions are met, the full purchase price will be refunded to the customer.

§17 Vouchers & Refer a Friend

Voucher codes cannot be purchased but are issued as part of promotional campaigns. These are only valid during the specified period. After one use or expiry of the validity period, the voucher expires. Individual products may be excluded from the voucher campaign.

For successful referrals of new customers through "Refer a Friend", the registered user of www.hellojack.eu will receive shop credit in the amount of 10€. Only registered users who have already placed and paid for an order at www.hellojack.eu can refer friends. The credit will only be credited for the recommendation of new customers who have not yet been customers at www.hellojack.eu and as soon as these new customers have completed and paid for an order. Referred new customers receive a credit of 10€ upon registration. The credit can only be redeemed with a minimum order value of 40€ and not in conjunction with a voucher. The credit is valid for one year.

For administrative reasons, it is not possible to refund any remaining value of the vouchers or credit. If the value of a voucher or credit is not sufficient for the order, the remaining amount can be compensated with the payment options offered.

Vouchers and credit balances can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

Vouchers and credit cannot be transferred to third parties. Several vouchers cannot be combined with each other.

Vouchers will not be refunded if goods are returned in whole or in part. www.hellojack.eu is not liable for the loss or theft of promotional vouchers.

§18 Choice of law & place of jurisdiction

The contractual relationship between the supplier and the customer is governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§19 Data protection

The regulations of our data protection declaration apply to data protection.

§20 Access to the text of the contract

We store the text of the contract and send you the order data by e-mail. You can view the general terms and conditions at any time. You can view past orders in your customer account.

§21 Extrajudicial online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR), which you can find under the link to the platform of the European Commission. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§22 Severability clause

Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions.



Hello Jack GmbH

Mühlenstrasse 23 B

13187 Berlin

E-mail: hi@hellojack.eu

Commercial register number: HRB 219520 B, Charlottenburg Local Court

Managing Director: Pierre Baryla

Status: March 2021

Regulations of the German Civil Code (BGB) mentioned in these GTC can be found at http://bundesrecht.juris.de/volltextsuche.html.