General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

• Reflection period: the period within which the consumer can make use of their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Long-term transaction: a distance contract with regard to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period;
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, only one or more means of distance communication are used;
• Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room at the same time.
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Trade name: Jules & Jade
Customer service email: info@jules-and-jade.com

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request electronically or otherwise.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original provision as closely as possible.

Situations not covered in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• The price, excluding customs clearance fees and import VAT. These additional costs will be at the customer's expense and risk. The postal or courier service will use the special scheme for postal and courier services regarding importation. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects the VAT (whether or not together with the charged customs clearance fees) from the recipient of the goods;
• Any costs of delivery;
• The method by which the agreement will be concluded and what actions are required for this;
• Whether or not the right of withdrawal is applicable;
• The method of payment, delivery, and execution of the agreement;
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• The amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate for the used means of communication;
• Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• The way in which the consumer can check and, if desired, correct the information provided by them before the conclusion of the contract;
• Any other languages ​​in which the contract can be concluded in addition to English;
• The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
• The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within the law – investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution, with reasons.

The entrepreneur will send the following information to the consumer along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• The information about warranties and existing after-purchase services;
• The data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
• The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each contract is concluded under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer in advance and made known to the entrepreneur, has received the product.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur or manufacturer, following the reasonable and clear instructions provided by the entrepreneur. The return address can be in the UK or elsewhere; the exact location will be provided upon registering the return shipment.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receiving the product. The consumer must do so by sending a written notice/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.

If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are at the expense of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This condition is that the product has already been returned by the web retailer or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, or at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• That has been created by the entrepreneur according to the consumer's specifications;
• That is clearly of a personal nature;
• That cannot be returned due to their nature;
• That spoil or age quickly;
• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• For individual newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal.
• For hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• Relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
• The delivery of which started with the consumer's explicit consent before the reflection period had expired;
• Regarding betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions; or
• The consumer has the power to cancel the contract as of the day on which the price increase takes effect.

The place of delivery is determined according to Article 5, paragraph 1, of the Value Added Tax Act 1968 in the country where the transport starts. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and customs clearance fees from the buyer. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be made in the original packaging and in a new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after he has placed the order. In this case, the consumer has the right to dissolve the contract without costs and has the right to any compensation.

In the event of dissolution following the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The costs of any return shipment are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Extension

Termination:

• The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period subject to agreed termination rules and a notice period of no more than one month.
• The consumer can terminate the contracts mentioned in the previous paragraphs:
  • At any time and not be limited to termination at a specific time or during a specific period;
  • At least terminate them in the same manner as they were entered into by the consumer;
  • Always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension:

• A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• In deviation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
• A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of the contract extending to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
• A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:

• If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this term starts after the consumer has received the confirmation of the contract.

The consumer has the obligation to immediately report inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by English law, even if the consumer resides abroad.