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GTC

General Terms and Conditions for the B2B online shop www.jet-set-store.de

§ 1 General and business relations

The following General Terms and Conditions apply to the business relationships between Jet Set Beauty GmbH, represented by the managing directors Esther von Goeddaeus and Stefan von Goeddaeus, Mönichhusen 54, 32549 Bad Oeynhausen (hereinafter referred to as "Seller") and its customers (hereinafter referred to as "Buyer") via the online shop, accessible at www.jet-set-store.de.

1. contracts are concluded exclusively with entrepreneurs.

2. according to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into liabilities.

§ 2 Formation of the contract

1. all products, articles and services to be purchased in the seller's online shop do not constitute binding offers by the seller in the legal sense, but are in turn an invitation to the customer to make an offer.

2. by ordering goods, the buyer makes a binding declaration that he wishes to purchase the goods ordered. The Seller is entitled to accept the contractual offer contained in the order within two weeks of receipt by the Seller. Acceptance can be declared either in writing or by delivery of the goods to the entrepreneur.

3. the conclusion of the contract is subject to correct and timely delivery by the seller's supplier. This shall only apply in the event that the non-delivery is caused by an obstacle for which the seller is not responsible, in particular if a congruent hedging transaction has been concluded with our supplier. The Buyer shall be informed immediately of the non-availability of the service. The consideration, if already paid, will be refunded immediately.

§ 3 Default of acceptance

If the buyer defaults on his obligation to accept the goods when they are properly provided, the seller shall be entitled to demand compensation or withdraw from the contract after a grace period of at least 10 days has expired.

§ 4 Prices, payment

1. the seller shall issue the customer with an invoice for the ordered goods, which shall be enclosed with the delivery of the goods or sent to the customer by letter or e-mail. The purchase price is due and payable within the payment period stated on the order confirmation and applies from the date of invoicing and delivery or acceptance of the goods.

2. the prices quoted in the online shop are net and do not include the respective statutory value added tax.

3. payment can be made optionally: Invoice in advance, Paypal, credit card, cash on delivery.

If you choose to pay in advance, we will provide you with our bank details in the order confirmation.The invoice amount must be transferred to our account within 14 days of receipt of the order confirmation. In the case of payment by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.

(4) In the case of sale by despatch, the purchase price does not include transport costs (see § 5 (1)).

5. in the event of default of payment, the seller shall be entitled to exclude the buyer from further deliveries, even if they have already been confirmed, and to assert a corresponding right of retention.

6. if it becomes apparent after conclusion of the contract that our claim to the purchase price is jeopardised by the Buyer's inability to pay (e.g. by filing for insolvency proceedings), we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (Section 321 BGB). In the case of contracts for the manufacture of non-fungible goods (customised products), we may declare our withdrawal immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.

§ 5 Deliveries, transfer of risk

1. dispatch shall be exclusively at the expense and risk of the buyer. The risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover or, in the case of sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the dispatch.

2. it shall be deemed equivalent to handover if the buyer is in default of acceptance.

3. Any transport damage detected must be reported immediately and the goods must be sent to the seller together with a declaration of acknowledgement by the transport company and a declaration of assignment by the buyer. The Seller may then make a replacement delivery, provided that the conditions for a claim against the transport company are met and the Buyer has submitted all the necessary documents and information.

§ 6 Offsetting and rights of retention

The Buyer shall only be entitled to set-off if his counterclaims have been recognised by declaratory judgement or are undisputed. The buyer is only authorised to exercise a right of retention

The buyer is only authorised to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 7 Retention of title

1. The seller retains title to the goods until all claims arising from the delivery contract have been paid in full. 2.

2. as long as ownership has not yet been transferred to him, the buyer is obliged to treat the purchased item with care. In particular, he is obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the buyer must inform the seller immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the Buyer shall be liable for the loss incurred.

3. The buyer is authorised to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. The seller accepts the assignment. After the assignment, the buyer is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the buyer does not properly fulfil his payment obligations and is in default of payment.

4. The handling and processing of the goods by the buyer is always carried out in the name and on behalf of the seller. If the goods are processed with items that do not belong to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the goods delivered by the seller in relation to the other processed items. The same applies if the goods are mixed with other items not belonging to the seller.

§ 8 Warranty / Liability

1. the buyer must inspect the goods immediately after delivery by the seller in accordance with § 377 HGB (German Commercial Code), insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the seller immediately. If the Buyer fails to notify the Seller, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, notification must be made immediately after discovery. Otherwise, the goods shall also be deemed to have been approved with regard to this defect. The timely despatch of the notification is sufficient to maintain the rights of the buyer. If the seller has fraudulently concealed the defect, he may not invoke these provisions. The Buyer shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

2. defects in the goods shall initially be warranted at the seller's discretion by repair or replacement.

3. if the subsequent fulfilment fails, the buyer may, at his discretion, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the buyer shall not be entitled to withdraw from the contract.

4. if the buyer chooses to withdraw from the contract due to a defect after subsequent fulfilment has failed, he shall not be entitled to any additional claim for damages due to the defect. If the buyer chooses compensation for damages after subsequent fulfilment has failed, the goods shall remain with the seller if this is reasonable. Compensation is then limited to the difference between the purchase price and the value of the defective item. This does not apply if the seller or one of his vicarious agents has caused the breach of contract through gross negligence, wilful intent or even malicious intent.

5. The limitation period for warranty claims against entrepreneurs is one year for both newly manufactured items and used items. The limitation period for claims for damages in the event of injury to life, limb or health caused by an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller shall remain unaffected. Furthermore, the limitation period for claims for damages for other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the seller shall remain unaffected. If the Seller negligently breaches a material contractual obligation, the limitation period for claims for damages shall also remain unaffected. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

6 In addition, any liability under the Product Liability Act remains unaffected. In all other respects, the statutory provisions shall apply.

7. In principle, only the product description of the seller or the manufacturer shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual statement of quality.

8. the buyer does not receive any guarantees in the legal sense from the seller. Manufacturer warranties remain unaffected by this.

§ 9 Further information obligations for distance selling contracts and for electronic commerce

1. technical steps for the conclusion of the contract/order process

Please read the General Terms and Conditions carefully. You can only proceed with the order if you agree to the General Terms and Conditions (tick the box). After entering the customer and billing information, the registration must be completed by clicking the "Submit" button.

Select the products you wish to order by clicking the "Add to basket" button. This will place your selection in the shopping basket.

You can change this selection at any time until you send your order by changing the number of products, deleting the selection by clicking the "Remove item" button or cancelling the order process.

Clicking on the "Checkout" button will take you to the next order step.

Please log in with a user name and password if you already have a customer account, otherwise please register as a new customer. Your data will be collected, processed and used in compliance with data protection regulations. The data will not be used for any other purpose or passed on to third parties.

In the next step, you can select the desired payment and shipping method. Clicking the "Continue" button will take you to the next order step.

You will receive an overview of your order: the selected products, the shipping and billing address and your contact details. Please read the General Terms and Conditions carefully. You can only continue with the order if you agree to the terms and conditions (tick the box). By clicking on the "Order with obligation to pay" button, you are sending your order to us. By doing so, you are submitting a legally binding offer.

2. storage of the contract text after conclusion of the contract and accessibility for the customer.

The contract text and your order details are saved by the seller. After completing your order, you will receive a clear order confirmation containing all the details of your order. It is also possible to print out the text of the contract using the browser's print function. Your order details can also be found separately in the e-mail sent to you. In addition, the seller will send the contractual provisions to the buyer by e-mail at any time on request.

3. possibility of correcting input errors

You have the option of correcting your entries at any time before submitting your order by using the "back button" or the "back arrow" of your Internet browser. Corrections can be made either directly on the individual offer pages in the available input fields. It is also possible to update the products or delete individual products in the virtual shopping basket. All these correction options are available up to and including the submission of the binding offer via the "Order with obligation to pay" button.

4. contract language

The contract language is exclusively German.

5. codes of conduct

The seller has not submitted to any relevant codes of conduct.

6. order confirmation

After the customer has sent the offer, he will receive a confirmation email.

7 Complaints and warranties

Complaints, in particular warranty claims, must be addressed to the seller.

8. essential characteristics of the goods

The essential characteristics of the goods can be found in the item description. This also applies to the period of validity of any time-limited offers.

§ 10 Duty to provide information in accordance with the Battery Act (BattG)

In connection with the sale of batteries or accumulators or with the delivery of devices containing batteries or accumulators, we are obliged under the Battery Ordinance to point out the following: Batteries must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. You can return batteries free of charge after use at the point of sale or in the immediate vicinity (e.g. at municipal collection centres or in shops). You can also return batteries from our range in normal quantities to us by post. Batteries or accumulators that contain harmful substances are labelled with the symbol of a crossed-out dustbin. The chemical designation of the pollutant is located next to the waste bin symbol. "Cd" stands for cadmium, "Pb" for lead, "Hg" for mercury, "Li" for lithium, "Ni" for nickel, "Mh" for metal hydride and "Zi" for zinc. The symbols under the waste bins stand for:

Pb: Battery contains more than 0.004 per cent lead by mass

Cd: Battery contains more than 0.002 per cent cadmium by mass

Hg: Battery contains more than 0.0005 per cent mercury by mass

The crossed-out wheeled bin symbol means that the battery must not be disposed of with household waste.

Further detailed information on the Battery Act can also be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.

§ Section 11 of the Act on the Placing on the Market, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment

Since the 13th The German government is obliged to take back old electrical appliances placed on the market after 23 August 2005 free of charge. Manufacturers must label their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old appliances must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via the local collection and return systems. In accordance with the "ElektroG" law of 23 March 2005, from 25 November 2005 we will only sell electrical and electronic equipment from manufacturers who have registered accordingly with the competent authority and can provide evidence of an insolvency-proof guarantee for the financing of the return and disposal of their electrical equipment.

§ 12 Final provision

1. The contractual relationship between the seller and the customer and the respective terms and conditions shall be governed by the law of the Federal Republic of Germany.

2. the exclusive place of jurisdiction for all disputes arising from this contract is our place of business, provided that the buyer is a merchant within the meaning of the HBG.