General Terms and Conditions
These are our general terms and conditions. All our deliveries and services are made exclusively on the basis of these General Terms and Conditions.
1. Scope of application
All deliveries, services and offers of BangJuice® (hereinafter: BJ) are made exclusively on the basis of these terms and conditions, unless the parties expressly agree otherwise. The version valid at the time of conclusion of the contract shall be authoritative in each case.
2. Conclusion of contract
The presentation of the goods in the online shop does not constitute a legally binding offer by BJ. It is a request to you to submit a binding offer to BJ. You can order from us by telephone, via our online shop by clicking on the "Buy" button in the final step of the ordering process regarding the goods contained in the shopping cart or by fax. A confirmation window with the details of your order will be displayed in the online shop before the order process is completed. By ordering the desired goods you make a binding offer to conclude a purchase contract. BJ will confirm the receipt of your order in text form (e.g. fax or e-mail). This confirmation of receipt does not represent a binding acceptance of the order. The purchase contract is only concluded when BJ sends you an explicit order confirmation or sends the ordered goods to you.
3. Our right not to accept your order or to cancel your purchase
We expressly reserve the right to cancel a purchase (an order already accepted by us) in the following situations without liability for costs or damages:
▪ The product is out of stock at short notice (all payments will be refunded immediately).
▪ Your billing information is incorrect or unverifiable
▪ The price offer was incorrect.
▪ We couldn't deliver to the address you gave us
4. Delivery service
Within Germany there are no shipping costs for prepayment, credit card order and cash on delivery. However € 2 fees of the post office result with the mode of payment cash on delivery. To Austria, Finland, France, Belgium, Luxembourg as well as to the Netherlands and Switzerland the shipping costs are € 4.90, from an order value of € 100 the shipping is free.
For shipping to other European countries they amount to € 15 or € 20 and to the USA and other foreign countries € 50. Deliveries outside the Federal Republic of Germany are only made against advance payment or payment by credit card. Should the ordered goods not be available on time or not be available at all despite the prior conclusion of a corresponding purchase contract by BJ, without BJ being at fault, BJ will inform you immediately. In such a case you are free to wait for the ordered goods or to withdraw from the contract in the event of a delay in delivery. If delivery is impossible, both BJ and you are entitled to withdraw from the contract. In the event of withdrawal from the contract, BJ will reimburse you immediately for any payments already made.
5. Payment service
All prices include the legal value added tax. You can choose how you want to pay - by prepayment, by credit card (Master-/Eurocard, Visa, AmEx), by PayPal or within Germany also by cash on delivery (plus 2 Euro fee of the post office). If you order with us for the first time and by credit card, we reserve the right to ask for further information. Our prices are included in the order confirmation and are due for payment with the order or delivery. The prices contained in our catalogues, advertisements or flyers are only valid until the publication of the next catalogue, advertisement or flyer. For orders from the website, the prices shown there at the time of the order apply.
Right of cancellation
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (BangJuice®, SMTP GmbH, Saalgasse 8, 65183 Wiesbaden, email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the sample revocation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. To return the goods, please create your return label in your customer account.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). Such refunds will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refunds. We may refuse a refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier. You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the consignment before expiry of the fourteen-day period. We shall bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion of revocation
The right of revocation does not apply to distance contracts for the delivery of goods which are manufactured according to customer specifications, which are clearly tailored to personal needs or which are not suitable for return due to their nature.
The legal warranty period is 2 years and begins with the delivery of the goods. During this period, we will remedy all defects subject to the statutory warranty obligation completely free of charge. Please complain such errors immediately to the transport person or BJ, with obvious defects at the latest within 14 days starting from entrance of the commodity. The complaint will then be checked immediately in our complaints department. Your warranty claims are initially limited to subsequent performance. If this fails, you can, at your option - provided that the special legal requirements are met - assert a claim for withdrawal from the contract or reduction of the purchase price as well as a claim for damages. Please note, however, that normal wear and tear is not covered by the warranty. Basketball shoes in particular are subject to enormous stress; for a professional player, a basketball shoe has a maximum service life of 3 months. If a certain article is not available, we will send you an article of the same quality and price (replacement article). You can also return this item within 14 days if you do not like it.
Unfortunately, we cannot take back hygiene articles such as underwear, swim trunks or jersey sets printed especially for you.
You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed.
9. Right of withdrawal
In the event of spelling, printing and calculation errors on the website or in catalogues, advertisements or flyers, the FOJ shall be entitled to withdraw from contracts based on these.
1. Reservation of title
BangJuice® reserves ownership of the purchased goods until full payment of the goods and all other goods from the same delivery.
1. Information on redeeming vouchers
▪ A voucher can only be redeemed online. There will be no subsequent billing.
▪ To enter the voucher code in your shopping cart, you must be logged in or register with your data.
▪ To use a voucher, please enter the voucher code in the appropriate field in the checkout and click on "redeem".
▪ If the voucher code is correct, you will now see the voucher discount and the total amount of the items in your shopping cart. (Attention: The order has not been executed yet!)
▪ If you enter a wrong voucher code, the message "Voucher code invalid" will appear above the voucher field. The voucher code could not be used.
▪ To order the articles in the shopping cart, please click on the button "Continue" and enter all necessary data on the following pages.
▪ Only one voucher can be redeemed per order. Vouchers cannot be combined.
▪ If the amount of a voucher is not sufficient to balance the invoice amount, one of the offered payment options can be used to pay the difference.
▪ Orders for which the value of goods ordered is less than the value of the voucher are not possible. The possibility of "overpayment" therefore does not exist.
2. Data protection
Your order and the order data entered by you will be stored by us. All data collected by us will be used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection provisions. We assume that you agree with the sending of offers about new offers from BJ by post or by e-mail, if you do not inform us of the opposite.
The contract language is German.
4. Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time of conclusion of the contract remains unaffected by this choice of law.
Should clauses of this contract be ineffective or lose their effectiveness, the rest of the contract remains effective. The ineffective clause shall be replaced by a provision that comes closest to the will of the contracting parties.
5. Severability clause
If one or more provisions of these general terms and conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. The invalid or unenforceable provision shall be replaced by a provision that comes closest in economic and legal terms to what the parties intended with the original provision. This shall also apply to any loopholes in the contract.
6. Provider identification
Smokeria SMTP GmbH
65183 Wiesbaden, Germany
Phone +49 (0)611 4476 1717
Hotline 9:00 - 16:00
Return address for returns:
Smokeria SMTP GmbH
In the Dalheimer meadow 11