Terms and conditions for Judial.com
Sec. 1 Scope
(1) These General Terms and Conditions (hereinafter: GTC) shall apply to all contracts concluded via our online platform between us, the
Judial.com owner Dr. Adam Dampc
c/o B-Factory
Bergheimer Street 104, 69115 Heidelberg
Phone number: +49 157 51 53 9524
E-mail address adam.dampc@judial.com
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
Sec. 2 Conclusion of contract
(1) The presentation and advertising of translations in our online store does not constitute a binding offer to conclude a contract for work, service or purchase.
(2) The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contract offer with regard to the translations contained in the shopping cart by clicking the button that concludes the ordering process;. Your right to revoke your order, which may exist according to § 4, remains unaffected by this.
(3) Judial.com may accept the Customer’s offer within three days by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by you is decisive, or by delivering the ordered translation, in which case the receipt of the completed translation by you is decisive, or by requesting payment from Judial.com after you have placed your order. If there is more than one of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after you send the offer and ends at the end of the fifth day following the sending of the offer. If Judial.com does not accept your offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.
Sec. 3 Services of Judial.com
(1) Judial.com offers translation services for texts with legal content. These are contracts, general terms and conditions, legal essays, legal opinions, privacy statements and similar texts.
(2) The translations are made by lawyers with a university degree (at least Bachelor), whose bilingual competences have been previously tested by Judial.com.
(3) Judial.com does not provide legal services according to the Legal Services Act. Legal advice does not take place.
(4) Judial.com does not offer certified translations.
Sec. 4 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation according to clause 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal 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 [enter the name of the entrepreneur, address and, if available, telephone number, fax number and e-mail address] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of this repayment. We can refuse the 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 or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning all goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
– End of the cancellation policy-
(4) The right of revocation shall not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or of software, provided that you have unsealed the delivered data carriers.
Sec. 5 Terms of delivery and reservation of advance payment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period shall be approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in para. 3 – with the conclusion of the contract.
Sec. 6 Prices and shipping costs
(1) All price quotations in our online store are gross prices including the statutory value added tax and do not include any shipping costs.
(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfill your order according to § 5 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 4, you may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 3 para. 3).
Sec. 7 Terms of payment and set-off and right of retention
(1) Unless otherwise stated in the seller’s product description, the prices quoted are total prices. Sales tax is not shown, as the seller is a small entrepreneur in the sense of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
(2) If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
(5) If a payment method offered via the payment service “Stripe” is selected, the payment 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 Stripe will be communicated to the Customer in the Seller’s online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de.
Sec. 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 633 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any warranties given by us for specific items or manufacturer’s warranties granted by the manufacturers of specific items shall be in addition to any claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
Sec. 9 Acceptance
(1) The Customer undertakes to inspect and accept the translation three working days after receipt of translation, should the translation meet the Customer’s requirements. Acceptance shall be deemed granted if the Customer does not raise any complaints three working days after receipt of the completed translation.
(2) If the translation does not meet the Customer’s requirements, the Customer may request revisions from Judial.com. The Customer shall no longer be entitled to make revisions after the acceptance has taken place or three working days after delivery has passed. If Judial.com nevertheless makes revisions after acceptance for reasons of goodwill, this shall not be deemed an admission of the defectiveness of the original translation and shall not give rise to any further obligations for Judial.com.
Sec. 10 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
Sec. 11 Copyrights
We have copyrights to all images, movies and text published on Judial.com. Any use of the images, movies and texts, is not permitted without our express consent.
Sec. 12 Confidentiality
Judial.com undertakes to treat all data and files provided by you as confidential and to make them available only to persons involved in the contracted translation service. Judial.com enters into confidentiality agreements with all its agents to guarantee the confidentiality of the data.
Sec. 13 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller, Heidelberg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.Zur We are willing to participate in a dispute resolution procedure before a consumer arbitration board. The competent consumer arbitration board is Universalschlichtungsstelle des Bundes.