General Terms and Conditions
of Mr. Dimitri Lange
doing business as:
Jay Dazé fashion Company
Deichstraße 6
25335 Elmshorn
Telephone: + 49 (0) 4121 2914240 (Monday – Friday from 9:00 to 18:00 CET)
Email: service@jaydaze.com
VAT ID: 223566944
§ 1 SCOPE AND DEFINITIONS
1.1
These General Terms and Conditions of Business (the “General Terms”) shall exclusively apply to the business relationship between Dimitri Lange (“Jay Dazé,” “we,” “us,” “our”) and you, the customer (“you” or the “Customer”), to transactions entered into via the website https://jaydaze.com/. These General Terms shall apply as they exist at the time you place your order and have been published at the Jay Dazé fashion Company Online Shop (the “Shop”). These General Terms shall be incorporated into all contracts that we form with you regarding the goods offered by us. Unless we expressly agree to their validity, no general terms and conditions of the Customer’s or individual agreements that deviate from these General Terms shall be recognized.
1.2
Our offers are aimed at consumers and enterprises. The Customer is a consumer to the extent that the purpose of the deliveries and performances ordered cannot be imputed, predominately, to his or her business activity, whether that activity be of a commercial or self-employed nature. In contradistinction to the foregoing, an entrepreneur is any natural or legal person or sui juris partnership who, at the time of contract formation, acts and exercises his, her, or its business activity, whether that activity be of a commercial or self-employed nature.
§ 2 CONTRACT FORMATION
2.1
We hereby advise you in keeping with § 312i(2) item 2 of the Bürgerliches Gesetzbuch (the Civil Code, the “BGB”) in conjunction with Article 246c item 4 of the Einführungsgesetz zum Bürgerlichen Gesetzbuche (the Introductory Act to the Civil Code) that, at present, contracts can be formed with us in the English or the German language.
2.2
The presentation of products in the Shop shall not constitute a binding offer to form a purchase contract, but rather an invitation extended to you to order the products described in the Shop. Our product descriptions and price listings set forth in the Shop shall be nonbinding and subject to change until such time as we form a contract with you. You can select products presented in the Shop and gather them in a so-called “cart” by clicking “Add to cart”.
2.3
By clicking “Finalize order,” you will be directed to our registration page. Your order will require that you have registered previously or that you have logged in as a guest. After you have so registered or so logged in, you can choose between various payment methods, as provided for under § 6 below. After that, you will be directed to the actual order page where you will be able to place your binding order. By accepting these General Terms and clicking on “Buy now,” you are making a binding offer to purchase the goods and/or services in your cart. In order to identify and to correct possible errors in the information provided, you can review and change the information regarding your order at any time before you confirm your order by clicking “Buy now”.
2.4
Directly after you place your order, we will send you, via email, an automatic order confirmation, which for its part will also contain the details of your order and which you can print out. The automatic order confirmation merely documents that your order has been received by us and shall not constitute an acceptance of your offer.
2.5
The contract between you and us shall be formed when we declare our acceptance to you via email or send you the goods ordered.
2.6
If we can foresee that the goods you ordered will not be delivered or the service you ordered not be available within five (5) days of your order, then we will notify you accordingly and shall refrain from declaring our acceptance. In this case, no contract shall be formed.
§ 3 DELIVERY
3.1
Delivery dates specified by us shall be calculated beginning as of the date of our order confirmation, provided that the purchase price has been paid in advance. Insofar as a delivery time is not specified or is other than specified for each of the goods in our online shop, the delivery date shall not exceed more than twenty (20) days.
3.2
Your goods shall be shipped via mail. We shall bear the risk of shipping, provided that you are a consumer. In contradistinction thereto, you shall bear the risk of shipping, if you are an entrepreneur. You can find additional information under the section regarding shipping.
§ 4 PRICES AND SHIPPING COSTS
4.1
The prices specified in the Shop include applicable sales tax.
4.2
In principle, we deliver free of charge within Germany and the EU. Any postage or packaging costs additionally incurred (the “Shipping Costs”) shall be disclosed, in the Shop, to the Customer as part of the ordering process and must be borne by the Customer, unless the Customer makes use of his or her right of cancellation.
§ 5 RESERVATION OF TITLE
Until such time as payment has been rendered in full, the delivered goods shall remain in our ownership.
§ 6 ACCEPTED PAYMENT METHODS
6.1
In the following paragraphs, we describe the payment methods accepted by us. The Customer shall be able to render payment, in principle, via PayPal, via cash-on-delivery, by rendering advance payment, by credit card, via Giropay, or by immediate wire transfer. Unfortunately, we shall not always be able to offer you the payment methods listed here. To the extent that the following payment methods are available to you, the following shall apply:
6.2
If you choose to pay via PayPal, you must be registered there, verify your log-in data, and confirm your payment authorization to us or you would first need to register with PayPal (Europe) S.à.r.l. et Cie., S.C.A. The payment transaction shall be effectuated automatically by PayPal immediately after you confirm your payment authorization. Once Jay Dazé’s PayPal account has been informed of your authorization, your order – depending on the delivery date specified for the article – shall be shipped.
6.3
If you choose to pay via cash-on-delivery (COD), then 5.60 Euro will be charged as a COD in addition to package price. COD payments are possible only for orders within Germany.
6.4
If you chose to pay by rendering advance payment, we shall send you, together with our order confirmation via email, an invoice in which we provide our bank account information. Please note that, in cases of advance payments (reservations), the goods ordered shall be delivered once the payment of the total purchase price and any Shipping Costs have been received by us. For this reason, we ask that you wire the purchase price immediately after you receive our invoice, but by no later than seven (7) days after receipt thereof.
6.5
If you chose to pay by credit card, then the purchase price, including any Shipping Costs, shall be charged to your credit card immediately after you make your purchase. We shall send you an invoice, together with our order confirmation via email.
6.6
We also offer the option to pay by immediate wire transfer and via Giropay. If you opt to pay by immediate wire transfer or via Giropay, a pre-populated form will open at the end of the ordering process. You can make an immediate wire transfer or use Giropay as your payment method of choice, if you have an online banking account configured to do so.
6.7
Payments by credit card or immediate wire transfer and via Giropay shall be processed by HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l., 1, Place du Marché, L-6755 Grevenmacher, R.C.S. Luxembourg B 144133, email: info@hso-services.com, Managing Directors: Dipl. Vw. Mirko Hüllemann, Heiko Strauß
§ 7 WARRANTY FOR NONCONFORMITY
7.1
We shall be liable for nonconformity in accordance with applicable law, in particular §§ 434 et seqq. BGB.
7.2
An additional affirmation of fact (Beschaffenheitsgarantie) relating to the goods delivered by us shall exist only if a declaration affirming such fact has been given, expressly, in the order confirmation for the relevant article.
7.3
Insofar as you are an entrepreneur and the order you placed with us is, for you, a commercial transaction (Handelsgeschäft) within the meaning of § 343 of the Handelsgesetzbuch (the Commercial Code, the “HGB”), your claims of nonconformity shall require that you have complied with your statutory duties to inspect the goods and to provide notification of nonconformity (§§ 377, 381 HGB). If, during the inspection or at any later point in time, the goods prove not to conform, then we are to be notified, in writing, thereof without undue delay. The notification shall be regarded as having been provided without undue delay, if it has been effectuated within two weeks of the discovery of nonconformity, whereby the timely sending of the notification shall suffice to preserve compliance with said deadline. Regardless of said duty both to inspect and to provide notification of nonconformity, you shall have, insofar as you are an entrepreneur and the order you placed with us is, for you, a commercial transaction within the meaning of § 343 HGB, to provide written notification of obvious nonconformity (including improper or short delivery) within two weeks, commencing as of delivery, whereby – in this case too – the timely sending of the notification shall suffice to preserve compliance with said deadline. Should you fail to effect a due inspection and/or to provide a notification of nonconformity, then our liability for any nonconformity for which no notification has been provided shall be precluded.
§ 8 LIABILITY
8.1
In the event of wrongful intent, Jay Dazé shall be liable in accordance with applicable law.
8.2
In the event of gross negligence, Jay Dazé shall be liable in accordance with applicable law.
8.3
In the event of simple negligence, Jay Dazé shall be liable – subject to a less stringent standard of liability as prescribed by law (for instance, for care and diligence in one’s own affairs) – only for damage arising from the breach of a material contractual duty (that is, an obligation, the fulfillment of which makes the due performance of this Agreement possible in the first place and on the adherence to which the Customer, as a rule, shall and may rely); in this case, however, Jay Dazé’s liability shall be limited to the compensation of damage whose occurrence is foreseeable and typical. In keeping with the foregoing, indirect and consequential damage, which is the consequence of defects in the deliverable and/or the work, shall be compensable only to the extent that such damage, given the intended purpose of the deliverable and/or work, is typical and foreseeable.
8.4
The restrictions arising from § 8.3 shall not apply to damage arising from the injury to life, limb, or health; to any liability contemplated by the Produkthaftungsgesetz (the Product Liability Act); or to the extent that Jay Dazé has maliciously failed to disclose a defect or has given an affirmation of fact (Garantie für die Beschaffenheit) relating to the goods and/or the work.
8.5
The restrictions on liability resulting from this section shall apply subject to the terms set forth in § 8.4 (i) regarding all claims for compensatory damages, regardless of what the legal reason therefor may be, including but not limited to those arising from impossibility, default, improper or erroneous delivery, breach of contract, breach of duties in cases of contract negotiations and torts, to the extent that culpability (Verschulden) is dispositive in each such case; and (ii) including in the event of breaches of duty by auxiliary agents and other persons whose culpability is to be imputed to Jay Dazé by operation of law.
§ 9 RIGHT OF WITHDRAWAL
The right of withdrawal described in the following instruction on withdrawal exists exclusively for Consumer (§ 13 BGB).
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us
Dimitri Lange / Jay Dazé fashion Company
Deichstraße 6
25335 Elmshorn
Telephone: + 49 (0)4121 2914240
Email: service@jaydaze.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF INSTRUCTION ON WITHDRAWAL
MODEL WITHDRAWAL FORM
(If you want to withdraw the contract, please fill out this form and send it back.)
To
Dimitri Lange / Jay Dazé fashion Company
Deichstraße 6
25335 Elmshorn
Telephone: + 49 (0)4121 2914240
Email: service@jaydaze.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
_______________
(*) Delete as appropriate.
END OF MODEL WITHDRAWAL FORM
§ 10 DATA PROTECTION
Your satisfaction is of the utmost importance to us. For us, your privacy has the highest priority. We have compiled the exact rules governing our handling of your personal data in our data protection policy, which you can read here: https://jaydaze.com/en/privacy-policy.
§ 11 FINAL PROVISIONS
11.1
The law of the Federal Republic of Germany shall apply, to the exclusion of UN purchasing law. If the Customer has placed an order as a consumer and has his or her permanent place of residence in another country at the time the order was placed, then the choice of law made in these General Terms shall be without prejudice to the application of such country’s mandatory provisions of law.
11.2
Insofar as the Customer is a merchant, a legal person under public law, or an investment fund (Sondervermögen) under public law, the venue for all disputes arising from the contractual relationship between the Customer and Jay Dazé shall be the city in which Jay Dazé has its seat.
11.3
We are obligated under the rules of the Verpackungsverordnung (the Packaging Regulation) to take back free of charge our products’ packaging and secondary packaging (shipment packaging) and to arrange for its reuse or to dispose of it, unless such packaging bears the sign of an area-wide disposal scheme such as Duales System Deutschland AG’s “Grüner Punkt” scheme.
In order to unburden ourselves of said obligation, we have joined Landbell AG and therefore assign such obligation to Landbell AG. (For years now, Landbell AG, an environmental and waste disposal specialist, has not only been meeting, reliably, the statutory recycling requirements on behalf of its clients, but also implementing the provisions of the Verpackungsverordnung (the Packaging Regulation)). To arrange for the return of the abovementioned product packaging, please contact our partner:
Landbell AG für Rückhol-Systeme
Rheinstraße 4K - 4L
55116 Mainz
Tel. (0 61 31) 23 56 52 0
Fax. (0 61 31) 23 56 52-10
Our client number: 4109513
11.4
The European Commission maintains an online dispute resolution platform (OD), which you can find at https://webgate.ec.europa.eu/odr/. We are neither obligated nor willing to participate in any dispute resolution procedure before a consumer consolation body.
Status: as of December 2019