Terms of the underlying contract within the scope of purchase between the platform www.jnbyjnllovet.com – JN Llovet / Jacqueline Llovet Garcia – hereinafter “Provider”
the customers referred to in § 2 of the contract – as the “Customer”.
§ 1 Definition
(1) The following general terms and conditions apply and valid at the time of the order for the business relationship between the webshop provider (hereinafter “Provider”) and the Customer (hereinafter “Customer”). Different conditions of the customer are not recognized unless the provider agrees to their validity in writing.
(2) The customer is a consumer, if the purpose of the goods and services ordered can not be linked to its commercial or independent professional activity. In contrast an entrepreneur is any natural or legal person or unincorporated company acting in their commercial or independent professional activity at the conclusion of the contract.
§ 2 Conclusion of contract
(1) The customer can select leather jackets from the assortment of the provider and collect them in a so-called basket over the button “add to basket”. With the button “Commit to buy” he delivers a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time and review it. The application may only be submitted and transmitted when the client has “Accept Terms and Conditions” by clicking on the button and accepts these terms and conditions.
(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer’s order is listed again and he customer can print it using the “Print” button. The automatic acknowledgment of receipt only documents that the customer´s order is received by the provider and does not show the acceptance of the request. The contract is concluded only after the declaration of acceptance by the provider, that will be send in a separate e-mail (order confirmation).
§ 3 Delivery, product availability
(1) If there are no goods available of the selected product, at the time of processing the order, the provider shall notify the customer in the order confirmation immediately. If the product is permanently out of stock, the supplier is not delivering a declaration of acceptance. A contract will not be concluded in this case.
(2) If the selected product by the customer is temporarily unavailable, the supplier shall also immediately notify the customer in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to cancel the contract. In addition to that, also the provider is entitled to quit from the contract. In addition he will refund any payments already made by the customer immediately and not later then 30 days.
§ 4 Retention of title
The goods delivered remain property of the provider until full payment.
§ 5 Prices and shipping costs
(1) All prices indicated on the provider’s website are inclusive of applicable taxes.
(2) The corresponding shipping costs will be indicated in the order form and shall be borne by the customer. For more information on delivery costs, see “Shipping and Handling”.
(3) The goods are shipped by mail or courier. The buyer bears the risk of dispatch if the customer is consumer.
(4) All return shipments from Germany over EUR 40,00 are at the suppliers expense and risk. Please note that outside Germany all postage or other return costs will be in the customer’s responsibility except in the case of damaged, faulty or incorrectly supplied goods.
§ 6 Payment Terms
(1) The customer can make the payment by Paypal or prepayment via bank transfer.
(2) The customer can change the payment method stored in his user account at any time.
(3) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by failure of the deadline. In this case he has to pay the sellers interest at the rate of 5 percentage points above the base rate.
(4) The customer’s obligation to pay default interests include the assertion of further damages caused by default payment.
§ 7 Legal Warranty
(1) The supplier is liable for defects in accordance with the applicable statutory provisions, particularly § § 434 ff of the German BGB. Compared to entrepreneurs the statutory warranty period is 12 months.
(2) An additional warranty for the goods is only provided by the provider, if this has been expressly stated in the order confirmation to the respective article.
§ 8 Liability apart from the legal warranty
(1) We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon (“essential secondary obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual secondary obligations which are not essential secondary obligations
(2) Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
(3) To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
(4) Any exclusion or limitation of the liability of the provider shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§ 9 Advisory
Right of return
The customer may return the goods delivered within 14 days by return shipment without stating any reason. The time limit commences on receipt of this advisory in text form (e.g. letter, fax, e-mail), however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods), and not until the provider have fulfilled our duties of information under Art. 246 sec. 2 in conjunction with Sec. 1 (1) and (2) EGBGB. The customer may declare a return also by posting a return request in text form, however, only for goods not eligible for parcel shipping (such as bulky goods). To comply with the deadline the goods or return request must be dispatched in a timely manner. All return shipments over EUR 40,00 within Germany are free of charge. All international return shipments are at the provider´s expense and risk. Please note that all postage or other return costs will be the customer’s responsibility except in the case of damaged, faulty or incorrectly supplied goods. All custom-made products designed via the online configurator cannot be returned or refunded. All made-to-order products ordered in the online shop, that will be re-produced in your size are only refundable in exchange of a store credit.
Please address all returns and return requests to:
Jacqueline Llovet Garcia
Telefax: 040 / 533 01 986
In the event of a valid and effective return, the performance received by either party must be returned and any benefits derived must be released. The customer is required to compensate the provider for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state. The customer is required for compensate the provider for any loss in value for deteriorated goods or benefits derived only to the extent that such benefits or deterioration are due to any handling of the goods extending beyond an inspection of their qualities and functions. “Inspection for qualities and functions” shall mean the testing and trial of the goods, as is possible and common in, for example, a store. Any obligations to refund payments must be fulfilled within 30 days. For the customer, this time limit starts upon dispatch of the returns or return request, and for the provider, upon their receipt.
End of advisory
§ 10 Information on data processing
(1) The provider collects in the execution of contracts data of the customer. He noted in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent the provider will only collect, process or use, to the extent necessary for the execution of the contract and for the use and accounting of Telemedia inventory and usage data of the customers.
(2) Without the consent of the customer, the supplier will use the customer data for purposes of advertising, market research or opinion polls.
§ 11 Governing law, severability
(1) Any contract between the provider and the customer is subject to the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
(2) Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) If individual points are legally effective, the contract remains binding for the remaining parts. In place of the invalid or missing articles, the respective statutory regulations become effective, if available. If continued adherence to the contract would constitute unreasonable hardship for one of the parties to the contract, this contract shell be invalid.
(4) The customer hereby acknowledges that he has also read and understood the German original of this translation of the terms and conditions (“genaue Bezeichnung der dt Fassung”, idealerweise verlinken). In case of ambiguities the German version shall prevail.