JIL KOEHN
In der Schratwanne 8
31141 Hildesheim
Germany
– hereinafter “provider” or “we” –
§ 1. APPLICABILITY
(1) The following general terms and conditions apply exclusively to the business relationship between JIL KOEHN - hereinafter referred to as JIL KOEHN - and private end users. All subsidiary agreements require written confirmation from JIL KOEHN.
§ 2. GENERAL
(1) All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter referred to as customers) via our online shop www.jilkoehn.com (hereinafter referred to as “online shop”) are subject to these general terms and conditions.
(2) The product range in our online shop is aimed equally at consumers and entrepreneurs, but only at end-consumer. For the purposes of these general terms and conditions, (i) a consumer is any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity (§ 13 of the German Civil Code - BGB) and (ii) an “entrepreneur” means a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity (Section 14 (1) BGB).
(3) The customer's terms and conditions do not apply, even if their validity is not separately contradicted in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English language side of the online shop. If the customer orders via our German-language website, only the German version of these general terms and conditions is relevant. If the order is placed via our English website, only the English version of these General Terms and Conditions is authoritative.
§ 3. CONCLUSION OF CONTRACT
(1) Our offers in the online shop are non-binding.
(2) The customer can select products from our range and add them to a so-called shopping cart using the “add to cart” button. To go through the ordering process, the customer clicks on the “checkout” button. There he can enter his personal data and select a shipping and payment method. With the button "purchase" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can view the data at any time and change it by entering it accordingly. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions and data protection information by ticking the appropriate box and has thereby included them in his application. By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer up to the end of the third working day following the day of the offer.
(3) The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that we have received the customer's order and does not constitute acceptance of the application. The contract is only concluded when we submit a declaration of acceptance. A declaration of acceptance takes place within 5 days, either
a) with a separate email (order confirmation) sent to the customer, or
b) by delivering the goods to the customer or
c) by a request for payment. If several alternatives are fulfilled, the earlier point in time is decisive.
At the latest upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is saved in compliance with data protection. Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instructions that are communicated to him as part of the order on our website and to return the goods.
§ 4. PRICES AND PAYMENT
(1) All prices are final prices and do not include sales tax in accordance with § 19 UStG. Shipping costs within Germany are included. Shipping costs outside of Germany will be charged additionally. The buyer is solely responsible for all customs duties, taxes and similar charges that may be charged on the package.
(2) Unless otherwise expressly agreed, we deliver against prepayment (in the manner specified in the online shop on the order form) or after transfer via PayPal, Apple Pay or credit card.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest of 5 percentage points above the base rate for the year. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
(4) The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
§ 5. PRODUCTS & PRODUCT PRESENTATION
(1) JIL KOEHN designs unique jewelry as well as small series by hand. In the context of small series production, there may be color deviations, size deviations and deviations in quality. The deviations mentioned are not a quality defect, but rather evidence of manual work. Any deviations cannot be declared as a material defect.
(2) JIL KOEHN tries to represent and describe all products as faithfully as possible. However, the colors of the images may differ from the colors of the actual items. The representation depends on the respective settings of the different hardware types.
§ 6. SHIPMENT OF THE GOODS
(1) The specified delivery times are non-binding, unless a different regulation has been made by express consent.
(2) All delivery periods specified by us or otherwise agreed upon in the order begin (a) if delivery against prepayment has been agreed, on the day of receipt of the full purchase price (including shipping costs) or (b) on the day if payment via PayPal has been agreed the conclusion of the purchase contract and the sending of the money via PayPal.
(3) The day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
(4) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(5) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation.
(6) If the goods cannot be delivered or cannot be delivered on time, we will notify the customer of this immediately. If auxiliary and operating materials that we need for the production of a product are not available from our suppliers in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for the payments made to us. The legal rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only demand compensation in accordance with the special provisions of § 11 of these general terms and conditions.
(7) We are entitled to make partial deliveries of separately usable products included in an order, whereby we bear the additional shipping costs caused by this.
(8) We offer free shipping within Germany. If an order is placed in the amount of 800 € (international), the offer of free shipping comes into effect. If part of the goods is returned using the cancellation form in accordance with § 14, so that the amount is reduced, the regular shipping costs will be charged plus.
§ 7. SHIPPING & INSURANCE
(1) Unless expressly agreed otherwise, we will determine the appropriate mode of dispatch and the transport company at our discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified by us is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred to the customer when the goods are delivered to the transport company.
(4) We will insure the goods against the usual transport risks at our expense.
§ 8. RESERVATION OF TITLE
(1) We reserve the title to the goods delivered by us until the purchase price (including shipping costs) has been paid in full for the goods in question.
(2) Without our prior written consent, the customer is not entitled to resell the goods delivered by us that are still subject to retention of title.
§ 9. WARRANTY
(1) If the goods delivered have a material defect, the customer can first request us to remedy the defect or to deliver goods free of defects. We can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.
(2) If the supplementary performance according to § 9 (1) fails or is unreasonable for the customer or we refuse supplementary performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to compensate for damages or reimbursement of his futile expenses to demand. The special provisions of Section 11 of these General Terms and Conditions also apply to customer claims for damages.
(3) For customers as end users, the warranty period is two years from delivery.
(4) An additional guarantee only exists if this has been expressly given.
(5) Consumers are asked to complain about obvious transport damage to the deliverer during the handover and to inform the provider within 5 working days. If this is not done, it will still have no effect on the contractual and legal rights to which the buyer is entitled.
§ 10. COMMERCIAL PROPERTY RIGHTS AND COPYRIGHT
(1) The customer is not entitled to make copies of the goods.
(2) The customer is not entitled to purchase goods via the online shop and to resell the goods to third parties for a higher price.
§ 11. LIABILITY
(1) We are not liable (regardless of the legal reason) for damage that is typically not to be expected with normal use of the goods. Our liability is also excluded for damage resulting from data loss, if the replacement is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability do not apply in the event of willful intent or gross negligence.
(2) The restrictions of this § 11 do not apply to our liability for guaranteed characteristics in the sense of. 444 BGB, due to injury to life, limb or health or according to the product liability law.
§ 12. DATA PROTECTION
(1) The provider observes the applicable data protection regulations and the customer's rights (right to information, right to correction or deletion, right to restriction of processing, right to object to processing, right to data portability).
(2) We are allowed to process and save the data relating to the respective sales contracts, insofar as this is necessary for the execution and processing of the sales contract and as long as we are obliged to store this data due to legal regulations.
(3) We reserve the right to transfer personal data of the customer to credit agencies, insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will not forward any other personal customer data to third parties without the expressly stated consent of the customer, unless we are legally obliged to disclose it.
(4) We are not permitted to collect, transmit or otherwise process personal data of the customer for purposes other than those mentioned in § 12.
§ 13. APPLICABLE LAW AND JURISDICTION
(1) The sales contract between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant within the meaning of Section 1 (1) of the Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts responsible for Hanover are exclusively responsible for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer can bring an action before any court competent based on statutory provisions.
(3) We are neither willing nor obliged to take part in dispute settlement proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr Our email address is info@jilkoehn.com
§ 14. RIGHT OF WITHDRAWAL
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the provider informs about in accordance with the legal model below. A sample withdrawal form can be found in paragraph (3).
(2) Reduced-price goods, custom-made products and commissioned goods are excluded from the return.
RIGHT OF WITHDRAWAL
In the cases required by law, you have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (JIL KOEHN, Bödekerstrasse 86A, 30161 Hanover, Germany, Tel .: +49 160 99 66 46 52, E-Mail: info@jilkoehn.com) by means of a clear declaration (e.g. one with the Letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Excepted from the right of withdrawal are custom-made products, i.e. those that have been made, customized or personalized at your request.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery I offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. After we have received the goods back in full, they will be checked for signs of use and any damage. If the goods are in a perfect and resalable condition, we will refund you immediately. We ask you to return or hand over the goods in the original packaging immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
(3) The provider informs about the model withdrawal form according to the legal regulation as follows:
SAMPLE WITHDRAWAL FORM
If you want to withdraw from the contract, please fill out this form and send it back to us.
To:
JIL KOEHN
In der Schratwanne 8
31141 Hildesheim
Germany
+49 160 99 66 46 52
info(at)jilkoehn.com
I (name) hereby revoke the contract concluded by me on (date) for the purchase of the following goods (product name) / the provision of the following service (name service).
Ordered on:
Received at:
Name of consumer:
Address consumer:
Signature of consumer (only if this is communicated on paper):
Date:
§ 15. OTHER PROVISIONS
References to the validity of legal regulations are only used for clarification purposes. Even without such a clarification, the statutory provisions apply, unless they are directly changed or expressly excluded in these General Terms and Conditions. Oral side agreements before or upon conclusion of the contract do not exist or are ineffective. Should any provision of these terms and conditions be ineffective, void or unenforceable in whole or in part, this shall not affect the legal validity of the remaining provisions. In place of the ineffective, void or unenforceable provisions, an effective provision is deemed to have been agreed which the parties would have admissibly made in good faith if they had known about the invalidity, ineffectiveness or unenforceability. The same applies in the event of a loophole in these terms and conditions.
