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General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Special conditions for the processing of goods in accordance with certain specifications of the customer
  9. Redemption of promotion vouchers
  10. 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 JS Performance GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith, the inclusion of the Customer's own terms and conditions is contradicted, unless otherwise agreed.

 

1.2 For contracts for the delivery of vouchers, these General Terms and Conditions shall apply accordingly, unless otherwise expressly agreed.

 

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

 

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.

 

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. 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 concluding the ordering process.

 

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, or

by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry 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 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/weba... or - if the Customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as payment method during the online order process, he/she also places a payment order with PayPal by clicking the button that completes the order process. In this case, the Seller hereby declares the acceptance of the Customer's offer at the time when the Customer initiates the payment process by clicking the button concluding the order process.

 

2.5 If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method within the scope of the online order process, he shall also issue a payment order to Amazon at the same time by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.

 

2.6 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be 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 relevant login data.

 

2.7 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

 

2.8 The German and English languages are available for the conclusion of the contract.

 

2.9 The 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.

 

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

 

3.2 More detailed information on the right of revocation can be found in the seller's revocation instructions.

 

3.3 The right of revocation 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 residence and delivery address are outside the European Union at the time of conclusion of the contract.

 

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

 

4.2 In the case of 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 money transfer through 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 to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

 

4.3 The customer will be informed of the payment option(s) in the seller's online shop.

 

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.

 

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/weba... or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/weba... style="margin: 0px 0px 1em; line-height: 1.4; color: rgb(0, 0, 0); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;"> 

4.6 If the payment method "IMMEDIATELY" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/... style="margin: 0px 0px 1em; line-height: 1.4; color: rgb(0, 0, 0); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;"> 

4.7 If a payment method offered via the payment service "Shopify Payments" is selected, the payment transaction will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the online shop of the Seller. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the Customer will be informed separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/... style="margin: 0px 0px 1em; line-height: 1.4; color: rgb(0, 0, 0); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;"> 

4.8 If the credit card payment method via Stripe is selected, the invoice amount is due immediately on conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.

 

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller's order processing is decisive for the transaction. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

 

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 of the return shipment if the customer effectively exercises his right of withdrawal. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.

 

5.3 Collection by the customer is not possible for logistical reasons.

 

5.4 Vouchers are provided to the customer as follows:

by download

by email

 

6) Retention of title

If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

 

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

 

7.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

 

8) Special conditions for the processing of goods according to specific specifications of the customer

8.1 If, according to the content of the contract, the Seller is responsible for processing the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer shall 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 shall grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he/she has the right to use the contents provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.

 

8.2 The Customer shall indemnify the Seller from any claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's contents by the Seller. The customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.

 

8.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.

 

9) Redemption of campaign vouchers

9.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "campaign vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

 

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

 

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.

 

9.4 Only one promotion voucher can be redeemed per order.

 

9.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

 

9.6 If the value of the promotion 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.

 

9.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.

 

9.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

 

9.9 The promotion voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.

 

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

 

10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.

 

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.

 

10.4 Several gift vouchers can be redeemed in one order.

 

10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.

 

10.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

 

10.7 The credit 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 payments with discharging effect to the respective holder who redeems the gift certificate in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.

 

11) Applicable law

All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

 

12) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer's registered office is outside the territory of the Republic of Austria, the seller's registered office 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.

 

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers... style="margin: 0px 0px 1em; line-height: 1.4; color: rgb(0, 0, 0); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; text-decoration-style: initial; text-decoration-color: initial;">This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

 

13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

Customer Reviews

Overall rating: 4.9 / 5 from 768 reviews.

Customer photo review of Stainless Steel Love Necklace

I have ordered two memorial pendants for my beautiful dogs and they’re absolutely perfect and so special. I love the artistic style and the durability. I wear them every single day. The company takes great care of their customers and they went through a lot of work to get my most recent order shipped to me and I greatly appreciate it. Their work is beautiful and I will definitely buy more pieces in the future.

Stainless Steel Love Necklace

Customer photo review of Stainless Steel Love Necklace

I absolutely love the style of this necklace. The customer service is incredibly helpful and truly makes sure everything turns out exactly how you want it. I ordered one a few years ago, and it still looks brand new—even though I wear it every single day. That said, I did prefer the look of the clasp on the older version, and I also liked that it offered two length options, which the new one doesn’t seem to have.

Stainless Steel Love Necklace

Customer photo review of Sterling Silver Love Necklace

I was a bit afraid that the necklace wouldn’t arrive since it said that the shipment was cancelled, but I got it! It’s very cute and I really like the necklace! If I were to comment on anything, it would be that I thought the necklace would be bigger 😅 I thought the necklace in the picture looked bigger than the real necklace, but now I know till next time!

Sterling Silver Love Necklace

Customer photo review of Custom Friendship Bracelet

It’s very high in quality and the engraving matches the picture perfectly!! This was my 3rd pet bracelet and I love it!

Custom Friendship Bracelet

Customer photo review of Stainless Steel Love Bracelet

Lovely bracelet and the drawing is engraved very well. I am very happy about the result :)

Stainless Steel Love Bracelet

Customer photo review of Ace Blue Royal Collar

Das Halsband war sehr gut und liebevoll verpackt. Farbe und Design entsprechen genau der Beschreibung. Insgesamt ein tolles Produkt! Die Zinklegierung werde ich noch beobachten, um zu sehen, wie lange sie so schön bleibt. Tipp: Die Buchstabenprägung könnte größer sein, da sie nicht so stark auffällt.

Ace Blue Royal Collar

Customer photo review of Custom Big Love Necklace

After a year of owning this I can fairly review this item. The only reason I’m giving this an extra start is because this necklace is gorgeous. I loved the way it looked so much I wore it everywhere. However I bought this for both me and my friend. We both eventually had the same exact problem. The little clasp holding the charm to the chain broke. She was lucky and found her charm but I wasn’t so lucky. For 100$ on sterling silver I would expect this necklace to be better quality. If you buy this necklace I would suggest welding the little clasp shut somehow or it might break and get lost. Return policy is only a month unfortunately so keep that in mind.

Custom Big Love Necklace

Customer photo review of Custom Love Necklace

More then perfect, looks even more beautiful in person! It was delivered so quickly, the detailng is stunning. I love it so much, thank you to this beautiful team for doing this amazing work and art! ❤️

Custom Love Necklace

Customer photo review of Custom Love Necklace

I love the necklace so much! It's so meaningful and beautiful. However, after 10 months of using, the necklace's chain broke into two pieces, which was unfortunate. I will still keep wearing it, since it is my favorite!

Custom Love Necklace

Customer photo review of Custom Love Necklace

I absolutely love my necklace! It looks just like the photo I submitted. The shipping was super fast and the quality of the jewelry is great!

Custom Love Necklace

Customer photo review of Custom Big Love Necklace

Love the necklace. It's very shiney and a good length. The engraving is super cute

Custom Big Love Necklace

Customer photo review of Custom Love Necklace

I love this necklace!! I have a matching bracelet and they both let me feel closer to my (recently passed away) pig ❤️❤️❤️

Custom Love Necklace

Customer photo review of Custom Love Bracelet

I got this bracelet to always have my piggy with me. He passed away recently and this bracelet made me cry when I saw it.

Custom Love Bracelet

Customer photo review of Custom Love Necklace

Die Kette ist wunderschön gemalt und graviert! Das Bild ist sehr gut getroffen und ich habe mich extrem über die Kette gefreut. Obwohl ich sie mir größer vorgestellt hatte, muss ich aber sagen, dass sie überall dazu passt und jedem Outfit einen pep verleiht. So kann ich meine Süße überall mitnehmen und sie immer bei mir haben! :)

Custom Love Necklace

Customer photo review of Custom Big Love Necklace

THIS IS YOUR SIGN TO GET ONE OF THESE BEAUTIFUL PIECES! I LOVE my necklace so much it’s so beautiful and looks just like my Puppy! I have been following woof palace for a while and finally decided that I needed a necklace of theirs! I couldn’t be more happy with it! It’s gorgeous I’m going to wear it every day.I need to order another piece of my bunnies ASAP! Thank you so much Clariz and everyone at woof palace 🥰🐶

Custom Big Love Necklace

Customer photo review of Custom Love Necklace

It is so perfect ❤️ thankyou so much ❤️❤️

Custom Love Necklace

Customer photo review of Custom Big Love Necklace

When i opend the package, I cried. It was perfect! I love the small details. It also looks just like the picture I sent. I’m in love and I’m wearing it everyday!😍

Custom Big Love Necklace

Customer photo review of Custom Love Bracelet

It is so perfect ❤️ thankyou so much

Custom Love Bracelet

Customer photo review of Custom Love Necklace

I love it! Great detail engraved on such a tiny pendant, smaller than my fingernail. I would also like to highlight the great customer service, collaboration, quality of product and speediness. My order arrived 5 days after I placed it. Also, I have very sensitive skin but so far I have not had any severe reaction to the jewelry. It’s a great way to remember a pet that you have lost and it’s a great gift idea as well. I recommend it!

Custom Love Necklace

Customer photo review of Custom Love Bracelet

So happy with the bracelet ❤️ you are amazing !

Custom Love Bracelet

Customer photo review of Custom Big Love Necklace

Immer wieder begeistert! Es folgen noch einige Bestellungen, weil es einfach die perfekten Geschenke sind.

Custom Big Love Necklace

Customer photo review of Custom 14k Gold Infinity Bracelet

Amazing bracelet, customer service, response times, and the drawing looks just like Gemyni. Can’t thank you enough as my sweet little guy has passed on and now I’ll have something else to remember him by. Thank you ☺️

Custom 14k Gold Infinity Bracelet

Customer photo review of Custom Love Necklace

I really love it! It’s so amazing and sweet! I will definitely gift one like this to my friend! ❤️

Custom Love Necklace

Customer photo review of Custom Big Love Necklace

I'm absolutely in love with this necklace! I first saw this small business on tiktok and knew I had to have one of my fur baby who had passed in 2021. I may not have her here with me physically but having her with me in spirit on a necklace has healed a piece of me. ❤️ thank you for the amazing work!

Custom Big Love Necklace

Customer photo review of Custom Silver Friendship Bracelet

Ich lieb es :) Es ist ein gute Qualität. Ich finde es so toll das alle Tiere gezeichnet werden .. meine ist eine Bartagame. DANKE 🧡

Custom Silver Friendship Bracelet

Customer photo review of Custom Big Love Necklace

I love it. I'm able to recognize all of my bunnies and the quality is amazing. The silver one i wear everyday, was purchased over 2 years ago and it still looks like it just got delivered! Therefore I just ordered two more bracelets. ;)

Custom Big Love Necklace

Customer photo review of Custom Charming Single Pendant

The piece is so cute and my mum was super happy with this original gift! The drawing is super detailed and easily recognizable :)

Custom Charming Single Pendant

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