GENERAL TERMS AND CONDITIONS

1. Scope

2. Contract conclusion

3. Right of Contract Termination

4. Returns and Exchanges

5. Delivery

6. Ownership of Goods

7. Prices and Shipping Costs

8. Forms of Payment

9. Warranty

10. Liability

11. Links to our website

1. Scope

The internet shop “www.janiko.de” is operated by the “JANIKO Sole Proprietorship” , Alexandru Hajdeustr. 79/1, 2050, Chisinau, Moldova; Branch Office: Liebigstr. 5, 85757, Karlsfeld Germany, and offers fashion goods – for sale. These Terms & Conditions shall apply in the latest version to all orders and contracts made by JANIKO GmbH and the client, who either is a private person of full age.

As far as the business relationship between JANIKO and the customer is concerned, only below stated general terms and conditions apply in its valid version at the time the order is placed. Any differing terms from the part of the customer will not be recognized and are hereby expressly objected to.

2. Contract Conclusion

2.1 An order can be placed at JANIKO GmbH as follows:

via the internet page www.janiko.de

via mai to service@janiko.de

In any case, an order is only possible if the customer has identified himself prior by his e-mail address or some other form of personal information.

2.2 If minors want to place an order at JANIKO, the approval of their legal representatives is required.

2.3 By placing an order, the customer places a binding offer to conclude a sales contract. JANIKO will then send him/her a confirmation of receipt of the order via e-mail. This e-mail only serves as non-binding information to the customer. A contract between JANIKO and the customer only comes into existence upon shipping confirmation, which JANIKO will send to the customer in a separate e-mail after the products have been paid for or delivered by JANIKO.

3. Right of Contract Termination

3.1 Termination Terms

If you are a consumer, you can terminate your contract within a period of two weeks without having to state any reasons in writing (for example, by letter, telefax, e-mail) or – if you receive the products before the deadline – by returning the products. The deadline starts at the earliest upon receipt of the products and not prior to receipt of this information in writing (for example, by letter, telefax, e-mail) and also not until our duty to inform has been. In order to guarantee the termination term, it is sufficient to send the written termination or return the products within the specified period of time.

The order termination is to be sent to:

JANIKO GmbH
Liebigstr. 5
85757 Karlsfeld
By e-mail:info@janiko.de
By Phone: German: +49 (0) 813 143 05 668

When returning the products, please also include the invoice or a copy of the invoice to allow us to accurately process the return.

3.2 Termination Consequences

In case of an effective cancellation, both parties are required to return the services they received and, if applicable, to reimburse obtained benefits (for example, interest). If you are unable to return the received products completely or partially or in an impaired condition, you possibly might have to provide us with value replacement. This does not apply if the impaired condition was noticed by you – for example, as if you had been in a store. In general, you can avoid the requirement for value replacement if the caused impairment resulted from your treating the product as your property and by doing anything that could negatively impact its value. Shippable goods are to be sent back to us, at our risk. You have to pay for the return shipping costs if the delivered products are what you ordered and if the price of the products you are returning does not exceed EUR 40 or if the price of the product is higher at the time of cancellation and you have not yet paid the outstanding balance or the contractually agreed partial payment. Otherwise, the return shipment will be free of charge for you. Goods which cannot be shipped in packages will be picked up from your location. Requirements for reimbursements of payments have to be fulfilled within 30 days. The allotted timeframe starts for you when sending your termination declaration or the goods, the allotted timeframe for us starts upon when we receive them. Prepaid return shipping labels are included with orders shipped within Germany. All other customers will be responsible for shipping charges on returned products.

3.3 Termination Exclusion

The right to contract termination does not apply to distance contracts with regard to:

  • the delivery of goods which have been customized according to customer specifications or are clearly personalized or are not suitable to be returned because of their nature or which could easily perish or whose expiration date has expired
  • the delivery of audio or video recordings or software, if the data medium has been unsealed by the customer.

If you should not be happy with your purchase, you may return or exchange the item(s) in its original condition within 14 days after reception.

4 Returns and exchanges

4.1 Returns and exchanges will only be accepted if the item has not been worn, washed or altered. The unused item has to be returned in its original packaging for a refund (less shipping charges).

The customer may inspect the goods carefully. The fall of value as a result of the proper use beyond the careful inspection of the goods, which implicates, that the refunded goods cannot be sold as “new” anymore, has to be reimbursed by the customer.

Please note that we do not accept liability for returns made with other services than DHL.

Returns can only be shipped from the country to which the goods were delivered; e.g. returns on goods delivered to Austria can only be initiated in Austria.

Our Policy:

All shoes must be tried on a carpeted surface until you are certain you are keeping them. Shoes should be returned unmarked and in their original, undamaged shoe box as this is considered part of the product. Shoes that are returned without a box, in a damaged box or with marked soles may not be accepted, and may be sent back to the customer.

Colours : We have made every effort to display as accurately as possible the colors of our products that appear on JANIKO. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.

Please announce any returns or exchanges or if you have questions concerning your right to return the merchandise, please contact our customer care team via:

E-Mail: service@janiko.de

4.2 Exchanges

If you wish to exchange an item in size or colour please call customer service +49(0) 8131 430 5668 or contact us by email via service@janiko.de. Exchanges will only be possible if the item is available. Once we have received the original item, we will ship the exchange item. If you wish to exchange a purchase for a different item, we ask you to return it for credit and make a new separate order.

4.3 Refund

Your refund will either be credited to the original purchaser’s credit card or JANIKO account.

If your order has been sent to a destination within the EU, all sales taxes will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through JANIKO. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.

Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.

4.4 Free Return Shipping

All goods have to be returned via DHL carrier by using the pre-paid DHL return label which we will send you after you contacted us. By this JANIKO pays the shipping costs for the return in EU countries . Please make sure to retain a tracking number for your records.

5. Delivery

5.1 In general, if an order is placed and paid for (i.e. receipt of payment) by 12:00 noon on a normal business day, JANIKO will transfer the products to the post office or a carrier on the same business day. If the order and payment is received after 12:00 noon, shipping will occur on the following business day. JANIKO will inform the customer via e-mail of the transfer. In exceptions (especially if the products are out of stock or if bulk goods are being ordered) there can be a difference of up to 10 business days between receipt of payment and delivery.

5.2 If the products selected by the customer are not available at the time the order is placed, JANIKO will inform the customer upon receipt of the order. If there is a possible delivery delay of more than two weeks, the customer will be informed about the delay and has the right to cancel his order.

6. Ownership of Goods

The products remain the property of JANIKO until they have been fully paid for. If third parties claim access to conditional property (for example via garnishment) the customer immediately has to notify JANIKO.

7. Prices and Shipping Costs

Standard Germany

Estimated delivery time within 2-4 working days: no fees

EU: estimated delivery time within 2-6 working days, € 10,00

Rest of World: estimated delivery time within 2- 14 working days, € 20,00

7.1 All prices are issued in Euros and contain the respectively applicable value added tax determined by law. Depending on the order amount and the final destination, additional shipping costs may apply. The products will be shipped tax free as far as all deliveries outside of the European Union are concerned. However, the customer is required to declare the goods in the country they are being shipped to.

8. Forms of Payment

We accept the following forms of payment:

8.1

Bank Transfer: (Prepayment)

Commerz Bank Düsseldorf,
Account Number: 102 74 73 00
Bank Code: 300 400 00
IBAN: DE69300400000102747300

Swift-Code: COBADEFFXXX

8.2

Direct debiting system:

PAYPAL

8.3

COD:

The customer directly pays the postman upon receipt of the products. There will be an additional COD fee. (Not in all countries available)

8.4

Credit Card:

Visa, Master Card…

8.5

With the exception of COD and direct debiting system, delivery of the ordered goods only occurs after payment has been received by JANIKO (prepayment).

Please contact us by e-mail or by telephone, if you have questions pertaining to payment methods for orders outside of Germany.

Statutory warranty provisions apply

10. Liability

10.1 JANIKO is fully liable with regard to culpable injury to life, body or health if and to the extent of liability in accordance with the product liability law if and to the extent Topspin violates a warranty based on a contract and legal requirements call for liability

10.2 JANIKO is liable in accordance with the legal requirements if it violates key contractual obligations. Unless JANIKO acts grossly negligent or intentionally causes damages, liability is limited to typically occurring foreseeable damages. Key contractual obligations are obligations which determine the typical purpose of the contract, and whose completion only enables the proper execution of the contract and the contractual partner can rely on them being adhered to on a regular basis.

10.3 JANIKO is only liable for any other violations of obligations if the damage was caused intentionally or due to gross negligence by a legal representative or auxiliary person.

10.4 Unless something different is stated above, claims for damages against JANIKO resulting from violations of obligations are excluded.

11. Links to our website

Every hyperlink to the website www.janiko.de requires prior written approval by JANIKO GmbH . If you have any questions, please send them via e-mail to info@janiko.de

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