JEAN D’ARCEL Terms and Conditions of Contract (T&C)

JEAN D’ARCEL Cosmétique GmbH & Co. KG
Im Fuchseck 10-12, 77694 Kehl-Bodersweier, Germany

1 Scope and definitions

1.1. These General Terms and Conditions apply to all contracts concluded with us under jda.de.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3. Entrepreneurs in the sense of these terms and conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding a contract with us.

 

2 Offer and conclusion of the contract

2.1. Our offers are directed exclusively to persons of full age and legal capacity and only to end consumers.

2.2 Our offers do not constitute a binding offer, but an invitation to the customer to submit an offer.

2.3 The customer’s order constitutes a binding offer to conclude a contract. The acceptance takes place by explicit declaration to the customer.

2.4. The e-mail automatically generated following the customer’s order, which confirms receipt of the order, does not yet constitute acceptance of the contract, but merely serves to inform the customer and to fulfill legal information obligations.

2.5. If the customer uses a payment method that causes a payment before the delivery of the goods (e.g. Paypal, credit card or instant transfer), the contract is already concluded with the successful execution of the payment.

 

3 Shipping

3.1. Delivery is made to the delivery address specified by the customer.

3.2. If the customer is obligated to advance performance, the performance times/delivery dates stated in offers shall depend on the customer having made payment immediately after conclusion of the contract.

3.3. If possible, delivery shall be made in one shipment. However, we shall be entitled to make partial deliveries and render partial services insofar as these are reasonable for the customer. Additional costs arising from partial deliveries shall be borne by us.

3.4. Specified delivery dates are not fixed dates, unless we have expressly confirmed such a date as a fixed date.

3.5. Delays in delivery which occur to us or to one of our sub-suppliers/subcontractors due to force majeure or due to circumstances which are equivalent to force majeure (such as, for example, measures of monetary or trade policy or other sovereign measures, strikes, operational disruptions such as, for example, fire, machine defects, breakage, shortage of raw materials or energy) shall entitle us to postpone the delivery for the duration of the hindrance. If the execution of the contract becomes unreasonable for the customer due to the delay, the customer shall be entitled to withdraw from the contract. In the event of impediments to performance that are not merely temporary, we shall be entitled to withdraw from the contract.

 

4 Unavailability of the service

4.1. Each offer is subject to self-supply; If the ordered goods are not available because we are not supplied by our supplier, which was not foreseeable at the time of the conclusion of the contract and is not our fault, we have the right to withdraw from the contract. In this case, we will immediately inform the customer that delivery is not possible and immediately refund any purchase price already paid. With respect to consumers, this right shall only exist if we have concluded a specific covering transaction and were unexpectedly not supplied by the supplier.

4.2. Liability for damages due to non-fulfillment is excluded if we have acted neither grossly negligent nor intentionally with regard to the lack of availability; any liability due to pre-contractual fault remains unaffected.

 

5 Prices and shipping costs

5.1. The prices quoted by us include the applicable sales tax.

5.2. Incidental shipping costs are shown in the order process. You can find an overview of the shipping costs at https://jda.de/versandkosten

 

6 Payment, due date and delay

6.1. In principle, we only accept the methods of payment listed within the scope of our offer.

6.2. The customer is obligated to advance payment, except in the case of payment by cash on delivery or on account. In this case, payment is due upon conclusion of the contract and receipt of the invoice or statement of account. In the case of payment by cash on delivery or on account, payment shall be due upon receipt of the goods and the invoice or statement of account.

 

7 Right of retention and reservation of title

7.1. The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

7.2. The delivered goods remain our property until full payment. In the event of access by third parties to the goods subject to retention of title, the customer shall point out our ownership and notify us immediately.

 

8 Responsibility

8.1. We are liable for grossly negligent and intentional breaches of duty.

8.2. If the customer is an entrepreneur, our liability for non-intentional acts shall be limited to the damage typically foreseeable at the time of conclusion of the contract. In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. We shall not be liable for any other damage caused by slight negligence due to a defect in the goods. These limitations shall not apply in the event of injury to life, limb or health. Any liability due to pre-contractual fault, due to violations of data protection law or according to the Product Liability Act as well as recourse claims according to §§ 478, 445a BGB remain unaffected by these limitations of liability.

8.3. If the customer is a consumer, we shall be liable in the event of slight negligence only in the event of a breach of material contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. We shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase. These limitations shall not apply in the event of injury to life, limb or health. Any liability due to pre-contractual fault, due to violations of data protection law or according to the Product Liability Act shall remain unaffected by these limitations of liability.

8.4. Irrespective of fault, we shall only be liable in the event of fraudulent concealment of a defect or from the assumption of a guarantee or assurance. A manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by us.

8.5. We are also responsible for the impossibility of delivery occurring by chance during the delay, unless the damage would also have occurred if the delivery had been made on time.

8.6. Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

 

9 Alternative dispute resolution

We do not participate in dispute resolution proceedings before a consumer arbitration board.

10 Final clauses

10.1. 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 the customer is a consumer and is not domiciled in Germany, mandatory provisions of the country in which the consumer is domiciled shall remain unaffected by this choice of law.

10.2. Should individual provisions of this contract be invalid in whole or in part, this shall not affect the validity of the remaining clauses or parts of clauses.

Status: 20.04.2022