Terms of Purchase (Berlin, Germany)
Business details
Seller: Jose Em Casa (sole trader)
Owner: Jose Iao
Registered address: Kopenhagener Str. 67, 10437 Berlin, Germany
Email: joseemcasa@hotmail.com
VAT status: Small business (Kleinunternehmer) under § 19 UStG – no VAT charged
Last updated: 12.11.2025
1) Placing Orders & Contract Formation
Placing an order via our online store constitutes an offer to purchase goods or services from Jose Em Casa.
A binding contract is formed only when we confirm acceptance by (a) successfully processing your payment and (b) confirming dispatch or collection.
We may decline all or part of an order (for example, due to limited stock, discontinued products, pricing errors, or suspected fraud).
If payment has already been made and we cannot fulfil your order, we will issue a refund for the relevant items.
2) Your Information
You confirm that all information you provide (name, address, payment details, etc.) is accurate and up to date, and that you are authorised to use the payment method provided.
3) Prices & VAT
All prices are stated in Euros (EUR).
As a small business under § 19 UStG, we do not charge or display VAT.
Your invoice will include the note:
“Umsatzsteuer wird gemäß § 19 UStG nicht erhoben.”
For non-EU orders, any import duties or local taxes are your responsibility.
4) Payment
We accept the payment methods displayed at checkout. Orders are only accepted after successful payment.
If payment fails or is reversed, we may cancel the order.
5) Delivery & Risk
Orders are shipped to the delivery address you provide.
Delivery times listed on our website are estimates and not guaranteed.
Risk transfers to you once the goods are delivered to your address.
Title (ownership) passes to you only after full payment has been received (§ 449 BGB – Retention of Title).
Please check your package upon delivery. In case of damage during transport, inform both the carrier and us immediately.
6) Availability
All products are offered subject to availability.
If a product becomes unavailable after you place your order, we will contact you to offer a refund, replacement, or later delivery.
7) Right of Withdrawal (Consumers)
If you are a consumer (Privatkunde) within the EU, you have the right to withdraw from this contract within 14 days without giving a reason.
Withdrawal period: The withdrawal period ends 14 days after you (or a third party named by you, who is not the carrier) receive the goods.
If your order is delivered in multiple parts, the period begins when the last item is received.
To exercise your right:
Jose Em Casa, Kopenhagener Str. 67, 10437 Berlin, Germany
📧 joseemcasa@hotmail.com
You can use the withdrawal form below, but it’s not mandatory.
Effects of withdrawal: If you withdraw, we will refund all payments received, including standard delivery costs, within 14 days of receiving the returned goods or proof of return.
Refunds will be made using the same payment method used for the original purchase.
You must return the goods within 14 days of notifying us of withdrawal.
Return shipping costs are your responsibility unless we agree otherwise.
You may handle goods only as necessary to establish their nature and function.
We may deduct an amount for loss in value resulting from handling beyond what is necessary.
Exceptions: You cannot withdraw from the contract for custom-made or clearly personalised items, unsealed goods not suitable for return for hygiene reasons, or digital content delivered immediately with your prior consent.
8) Faulty or Damaged Goods (Warranty)
Your statutory warranty rights (Gewährleistung) apply under German law.
If goods are faulty or damaged, contact us as soon as possible with your order number and, if possible, photos.
We will evaluate the issue and, where required, arrange repair, replacement, or refund.
Refunds will be issued to the original payment method.
9) No Returns for “Change of Mind”
Beyond the 14-day withdrawal right for consumers, we do not accept returns or exchanges for “change of mind.”
Sale items may only be returned if they are faulty.
10) Website Access Costs
You are responsible for any costs (e.g. internet data) associated with accessing our website and placing orders.
11) Model Withdrawal Form (optional)
— To: Jose Em Casa, Kopenhagener Str. 67, 10437 Berlin, Germany, joseemcasa@hotmail.com
— I/We (*) hereby withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
— Ordered on (*)/received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is submitted on paper):
— Date:
(*) Delete as appropriate.
12) Liability
We are fully liable for intent and gross negligence, as well as for injury to life, body, or health, and under the Product Liability Act.
For slight negligence, we are liable only for breaches of essential contractual duties (Kardinalpflichten); liability is then limited to foreseeable, typical damages.
Your statutory consumer rights remain unaffected.
13) Governing Law & Dispute Resolution
These terms are governed by German law.
For consumers, the mandatory protections of your country of residence remain applicable.
We do not participate in consumer dispute resolution proceedings before arbitration boards.
You can use the EU Online Dispute Resolution platform (ODR) at: https://ec.europa.eu/consumers/odr/
Contact:
Jose Em Casa, Kopenhagener Str. 67, 10437 Berlin, Germany
📧 joseemcasa@hotmail.com