Terms of service
TERMS AND CONDITIONS
JunkFree Market | Effective Date: June 30, 2025
TABLE OF CONTENTS
§ 1 Scope of Application and Definitions
§ 2 Contracting Party
§ 3 Offers and Contract Formation
§ 4 Right of Withdrawal for Consumers
§ 5 Prices and Payment Terms
§ 6 Delivery and Shipping Terms
§ 7 Retention of Title
§ 8 Warranty (Defect Liability)
§ 9 Limitation of Liability
§ 10 Specific Product Information and Usage Instructions
§ 11 Data Protection
§ 12 Applicable Law and Jurisdiction
§ 13 Alternative Dispute Resolution
§ 14 Final Provisions
§ 1 SCOPE OF APPLICATION AND DEFINITIONS
(1) These Terms and Conditions apply to all contracts between you
as the customer and us as the seller for the delivery of goods that a
consumer or business customer concludes with us regarding the
goods presented in our online shop "JunkFree Market". The
inclusion of the customer's own terms and conditions is hereby
rejected unless otherwise agreed in writing.
(2) A consumer within the meaning of these Terms and Conditions is
any natural person who enters into a legal transaction for purposes
that are predominantly neither commercial nor related to their
independent professional activity.
(3) A business customer within the meaning of these Terms and
Conditions is a natural or legal person or a legally capable
partnership that acts in the exercise of their commercial or
independent professional activity when concluding a legal
transaction.
§ 2 CONTRACTING PARTY
The purchase contract is concluded with:
JunkFree Market / Rosita Huck (Sole Proprietorship - Freelance/
Autonomous)
Address: Carre de Calvia 16, 07015 Palma, Spain
Email: info@junkfreemarket.com
Phone: +34 611075567
[Commercial Register, if applicable]
[VAT Identification Number, if available]
[Represented by: Name of Managing Director/Owner]
§ 3 OFFERS AND CONTRACT FORMATION
(1) The presentation of products in the online shop does not
constitute a legally binding offer, but rather an invitation to place an
order.
(2) The customer can select products from the range and collect
them via the "Add to Cart" button. By clicking the "Buy Now" button,
they submit a binding offer to purchase the goods in the shopping
cart.
(3) The seller sends the customer an automatic order confirmation
by email, which lists the order details. This merely documents
receipt of the order and does not yet constitute acceptance of the
offer.
(4) The contract is formed by the seller's declaration of acceptance,
which is sent in a separate email, or at the latest by shipping the
goods.
(5) The contract is concluded in German language.
§ 4 RIGHT OF WITHDRAWAL FOR CONSUMERS
WITHDRAWAL INSTRUCTIONS
Right of Withdrawal
You have the right to withdraw from this contract within fourteen
days without giving reasons.
The withdrawal period is fourteen days from the day on which you
or a third party designated by you, who is not the carrier, have taken
possession of the goods.
To exercise your right of withdrawal, you must inform us of your
decision to withdraw from this contract by means of a clear statement. You may use the sample withdrawal form provided, but
this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your
communication concerning your exercise of the right of withdrawal
before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments
received from you, including delivery costs, 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 use the same means of payment that you used for the
original transaction for this reimbursement; in no case will you be
charged fees for this reimbursement.
We may withhold reimbursement until we have received the goods
back or until you have supplied evidence of having sent back the
goods, whichever is the earliest.
You shall send back the goods 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 expires.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting
from handling other than what is necessary to establish the nature,
characteristics, and functioning of the goods.
Exclusion of Right of Withdrawal
The right of withdrawal expires for contracts for the delivery of
sealed goods which are not suitable for return due to health
protection or hygiene reasons if their seal has been removed after
delivery.
SAMPLE WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the
contract)
To: [Company name and address], [Email]:
I hereby give notice that I withdraw from my contract of sale for the
following goods:
Ordered on/received on: _______________
Name of consumer: _______________
Address of consumer: _______________
Signature of consumer (only if on paper): _______________
Date: _______________
§ 5 PRICES AND PAYMENT TERMS
(1) All prices stated in the online shop are total prices including the
applicable statutory value-added tax.
(2) Additional delivery and shipping costs are stated separately in
the product description and during the ordering process.
(3) Available payment methods are communicated to the customer
in the online shop.
(4) For advance payment by bank transfer, payment is due
immediately after contract conclusion, unless a later due date has
been agreed.
§ 6 DELIVERY AND SHIPPING TERMS
(1) Goods are delivered by shipping to the delivery address
specified by the customer.
(2) If the transport company returns the shipped goods because
delivery to the customer was not possible, the customer bears the
costs of the unsuccessful shipment. This does not apply if the
customer effectively exercises their right of withdrawal or is not
responsible for the circumstance that led to the impossibility of
delivery.
(3) Self-collection is not possible as no retail store is operated.
§ 7 RETENTION OF TITLE
The delivered goods remain the property of the seller until full
payment of the purchase price.
§ 8 WARRANTY (DEFECT LIABILITY)
Statutory warranty provisions apply. For consumers, the warranty
period is two years from receipt of the goods.
§ 9 LIMITATION OF LIABILIT
(1) The seller is liable without limitation for damages arising from
injury to life, body, or health based on intentional or negligent
breach of duty.
(2) The seller is liable without limitation for other damages based on
intentional or grossly negligent breach of duty.
(3) For damages arising from the slightly negligent violation of
essential contractual obligations, the seller's liability is limited in
amount to the foreseeable, contract-typical damage at the time of
contract conclusion.
(4) Further liability is excluded. Liability under the Product Liability
Act remains unaffected.
§ 10 SPECIFIC PRODUCT INFORMATION AND USAGE
INSTRUCTIONS
(1) The oils offered are designed as "dual-oil" products suitable for
both external application on the skin and for culinary enhancement
of food. All ingredients are food-grade and cold-pressed.
(2) The customer is obligated to carefully check the declared
ingredients before use. If known intolerances or allergies to certain
components exist, use should be avoided.
(3) The products are not suitable for frying or heating to high
temperatures. Use is limited to cold cuisine or enhancing already
cooked dishes.
(4) Statements regarding the effects of ingredients do not constitute
medical claims or healing promises. For skin conditions or health
complaints, consult a doctor or pharmacist.
§ 11 DATA PROTECTION
The seller processes personal data for specific purposes and in
accordance with the statutory provisions of the GDPR. Detailed
information can be found in the privacy policy, which is accessible
via a separate link on the website.
§ 12 APPLICABLE LAW AND JURISDICTION
(1) German law applies to all legal relationships, excluding the UN
Convention on Contracts for the International Sale of Goods. For
consumers, this choice of law applies only insofar as the protection
granted by mandatory provisions of the law of the country where the
consumer has their habitual residence is not withdrawn.
(2) If the customer acts as a merchant, legal entity under public law,
or special fund under public law with its seat in Germany, the
exclusive place of jurisdiction for all disputes is the seller's place of
business.
§ 13 ALTERNATIVE DISPUTE RESOLUTION
(1) The EU Commission provides a platform for online dispute
resolution: https://ec.europa.eu/consumers/odr
(2) The seller is neither obligated nor willing to participate in dispute
resolution proceedings before a consumer arbitration board.
§ 14 FINAL PROVISIONS
Should individual provisions of these Terms and Conditions be or
become invalid, the validity of the remaining provisions remains
unaffected. The relevant statutory regulations replace the invalid
provision.