General Terms and Conditions (including information for customers)
Please read these terms & conditions carefully. For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is dispensed with. All personal designations apply equally to all genders.
1. Applicability
2. Offers, service descriptions
3. Order process, conclusion of the contract
4. Prices, delivery costs
5. Delivery, product availability
6. Terms of payment
7. Retention of title
8. Customer account
9. Product warranty, guarantee
10. Liability
11. Terms & Conditions for classroom-based courses
12. Vouchers
13. Closing remarks
1. Applicability
1.1 The business relationship between JAQC Jewellery Academy, owner: Jasmin Karger, Lange Dorfstrasse 19, 15328 Zechin, Germany (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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.
Please address any questions or complaints to our customer service department, who are available weekdays from 10am to 4pm on info@jaqcjewellery.com.
1.3 Deviating terms and conditions of the customer shall not be recognized unless the vendor expressly agrees to their validity.
2. Offers, service descriptions
2.1 The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
2.2 All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
3. Order process, conclusion of the contract
3.1 The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “cart” using the “Add to cart” button. The customer can then proceed to their cart and amend their selection as required, for example by removing a product from the cart. Once they are happy with their selection the customer can proceed to the final step in the order process using the “Proceed to Checkout” button.
3.2 When the customer clicks the “Place Order” button they make a binding request to buy the goods currently in their cart. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their cart or abort the order process. Essential entries are marked with an asterisk (*).
3.3 The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of two.
3.5 If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
4. Prices, delivery costs
4.1 All prices indicated on the vendor’s website are final product prices without shipping costs or customs duties. According to § 19 UStG no VAT is charged
4.2 The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
5. Delivery, product availability
5.1 If the customer selects advance payment delivery will occur further to receipt of the invoice amount.
5.2 The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
5.3 Customers are notified of delivery periods and restrictions on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.
5.4 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the stated delivery dates and deadlines, subject to other promises and agreements, are not fixed dates.
5.5 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the vendor vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the vendor are responsible. During the period of such hindrance, the customer shall also be released from its contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the vendor.
6. Terms of payment
6.1 The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
6.2 Full payment must be made in advance in the case of all payment types.
6.3 If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
6.4 The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
6.5 The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
7. Retention of title
The vendor retains the title of the goods supplied until such time as full payment has been made.
For customers who are entrepreneurs, the following shall apply in addition: The seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obliged to treat the purchased item with care as long as title has not yet passed to him. In particular, he is obligated to insure it adequately at his own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Buyer shall carry this out in good time at its own expense.
8. Customer account
8.1 The seller provides the customers with a customer account. Within the customer account, the customers are provided with information about the orders and their customer data stored with the seller. The information stored in the customer account is not public.
8.2 To place an order, customers must create a customer account. A guest order is not possible.
8.3 Customers are obliged to provide truthful information in the customer account and to adjust the information to changes in the actual circumstances, as far as this is necessary (e.g. the changed e-mail address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
8.4 The customer account may only be used in accordance with the applicable legal provisions, in particular the provisions on the protection of third party rights, and in accordance with the GTC of the vendor by means of the access masks and other technical access options provided by the vendor. Any other type of use, in particular by external software, such as bots or crawlers, is prohibited.
8.5 Insofar as customers store, specify or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The vendor does not adopt the content of the customer. However, the vendor reserves the right to take appropriate measures depending on the degree of risk of infringement emanating from the content, in particular the risk to third parties. The measures, which take into account the criteria of necessity, appropriateness, diligence, objectivity as well as reasonableness and the interests of all parties involved, in particular the fundamental rights of the customers, may include the (partial) deletion of content, requests for action and explanations, warnings and warnings as well as house bans.
8.6 Customers may terminate the customer account at any time. The vendor can terminate the customer account at any time with a reasonable period of notice, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right of termination for extraordinary reasons.
8.7 From the moment of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to back up his data when terminating the customer account.
9. Product warranty and guarantee
9.1 The warranty (liability for defects) shall be determined in accordance with statutory provisions, subject to the following provisions.
9.2 The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.
9.3 If the customer is an entrepreneur, he shall inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and shall notify the supplier in writing of any visible material defects without undue delay, at the latest within two weeks after delivery, and of any non-visible material defects without undue delay, at the latest within two weeks after discovery. Deviations in quality, weight, size, thickness, width, equipment, pattern and color that are customary in the trade and permissible in accordance with quality standards or minor deviations shall not constitute defects.
9.4 If the customer is an entrepreneur, the choice is between rectification or subsequent delivery of defective goods by the seller.
9.5 Notwithstanding the liability provisions of these Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. For used goods, the warranty of customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) in another item or attached it to another item in accordance with its type and intended use, the vendor shall, subject to an express agreement and without prejudice to the other warranty obligations, not be obliged to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered item free of defects within the scope of subsequent performance. Accordingly, the vendor shall also not be obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of a recourse by the customer within the supply chain (i.e. between the customer and its customers).
10. Liability
10.1 The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.
10.2 The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.
10.3 The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.
10.4 The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.
10.5 Insofar as the vendor’s liability is excluded or restricted, such exclusion and/or restriction also applies to the personal liability of employees, representatives and agents.
——————————-
11.Terms & Conditions for face-to-face and hybrid courses
The following terms & conditions apply to face-to-face and hybrid courses at JAQC Jewellery Academy.
Definition of face-to-face teaching: is an instructional method where course content and learning material are taught in person to a group of students.
Definition of hybrid lessons: is a mixture of face-to-face and online lessons.
When you book a course you are agreeing to and are bound by our terms & conditions.
We may amend and update these terms and conditions at any time. These changes will take effect of the moment they are posted on our website jaqcjewellery.com and it is your responsibility to check the terms & conditions every time you use this website and your continued use of the website will signify your acceptance of our latest terms and conditions.
11.1 How to book a classroom-based course?
You can book a class on our website. We accept payment via PayPal and Stripe. All card information is handled over SSL encryption.
Once the full payment for a class has been made your place will be booked and you will receive a class confirmation no later than two weeks before the start of the course.
11.2 Cancellation & rebooking of course dates
Please note: We regret that we cannot offer full refunds on any of our classes.
11.2.1 If you cancel a class
If a course date has been booked and paid for via our website, the booking is binding. If you do not attend the course , we reserve the right to retain the course fee.
Our courses only allow a small number of participants and require precise planning and preparation. For this reason, we can only refund 50% of the purchase price in the event of a complete cancellation (at least 4 weeks before the start of the course). After that, we reserve the right to retain the full course fee.
If a course is rebooked 7 days or more before the start of the course, we reserve the right to retain 50% of the course fee.
However, we can credit 50% of the course fee in the form of a voucher if you cancel your booking in full 14 days or more before the start of the course. Otherwise we reserve the right to retain the entire course fee.
Thank you for understanding.
Please contact us to find a suitable solution if neccessary.
11.2.2 If we cancel a class
The JAQC Jewellery Academy is entitled to cancel courses at short notice for important reasons, such as force majeure or illness of the course instructor. In the unlikely event that we cancel a class, we offer a full refund or an alternative date. We will give you as much notice as possible. However, we cannot be responsible for pre-booked travel and accommodation arrangements.
11.3 Services of the organizer
11.3.1 JAQC Jewellery Academy offers face-to-face and hybrid courses. The description of the respective courses can be found on “OUR COURSES” page.
11.3.2 In the case of face-to-face courses, services are provided exclusively in personal contact with the Customer and in premises selected by JAQC Jewellery Academy. Unless previously agreed directly with the customer, the customer has no right to select a specific venue for the desired event,
11.3.3 The organizer, JAQC Jewellery Academy, shall provide services through qualified, selected personnel. The organizer may also use the services of third parties acting on its behalf. Unless otherwise stated in the organizer’s course description, the customer shall not be entitled to the selection of a specific person to carry out the desired event.
11.3.4 Services shall be provided by the organizer, JAQC Jewellery Academy, with the utmost care and to the best of its knowledge and belief. JAQC Jewellery Academy does not guarantee that the customer will achieve a specific learning success or reach a specific performance target. Learning success and learning objectives are also dependent on the personal commitment and will of the customer, over which the organizer has no influence.
11.4 Falling below the minimum number of participants
JAQC Jewellery Academy may set a minimum number of participants for courses. The minimum number of participants shall be expressly indicated in the course description.
11.4.1 If the minimum number of participants is not reached, JAQC Jewellery Academy may withdraw from the contract by giving notice to the Customer no later than seven days before the start of the course. The Organizer shall send the Customer his declaration of withdrawal no later than seven days before the start of the course.
11.4.2 If the course does not take place due to a shortfall in the minimum number of participants the course fee already paid will be refunded in full within 7 days.
11.5 Attendance
Please understand that our classes are intense and that we will cover a lot of content. Hence, it is important to arrive on time when the course starts and return on time when the course resumes after a break.
The tutor will not be liable for any information you might have missed. The tutor will not repeat any content.
11.6 Teaching material
11.6.1 The JAQC Jewellery Academy is the owner of all rights of use that are necessary to carry out the event. This also applies with regard to teaching materials that may be provided to the Customer in connection with the event.
11.6.2 The Customer may only use the contents of the course, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the separate permission of the organizer.
11.7 Limitation of Liability
We (JAQC Jewellery Academy and its staff) shall not be liable for any loss and/or damage suffered by a course participant (student) or any third party or any injury caused to or suffered by a person or damage or loss to property arising from or occasioned by:
1. A students participation in any courses or classes offered.
2. Any malfunction or unauthorised use of the tools and equipment provided.
The course participant (student) agrees that no claims will be made against the JAQC Jewellery Academy Management or staff for any reason whatsoever. The student hereby holds the Management and its employees harmless from all claims which may be brought against them by or on a student’s behalf for any aforementioned claims.
11.8 Media Consent
Our policy applies to all staff, governors and volunteers working at the school as well as visitors and families.
Introduction
Schools need and welcome publicity. However, photographs must be used in a responsible way.
Images taken by students during class
We do not allow filming or taking photos during a class.
Images for school publications:
The school will only take and use images that are appropriate.
Students will be made aware of why their picture is being taken and how it will be used.
The school recognises that images must not be used to cause distress, upset or embarrassment.
In the beginning of each course, students will receive a copy of the media policy to sign. In this way, each student can give permission to JAQC Jewellery Academy to take images of the students or/and their work.
11.9 Warranties
We guarantee that the services provided under these booking terms will be performed with reasonable skill and care.
You warrant to us that:
You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these booking terms.
The information provided in or in connection with your booking request is accurate and complete.
You will be able to attend the event at the time and in the place advertised.You are at least 18 years of age.
Any person considered to be under the influence of drink or drugs will not be allowed access to the classroom and no refund will be offered under such circumstances. JAQC Jewellery Academy will not tolerate any anti-social behaviour towards other persons and anyone acting in such a manner may be asked to leave without being refunded for their class.
Failure to adhere to the JAQC Jewellery Academy terms and conditions may result in being removed from the class without a refund.
——————————-
12. Vouchers
12.1 Cancellation and exchange
Vouchers must be canceled and/or exchanged within 14 days of purchase. Cancellations and/or exchanges after 14 days of purchase can no longer be recognized.
12.2 Validity of vouchers
Vouchers for courses must be redeemed within 3 years.
JAQC Jewellery Academy reserves the right to allow vouchers to expire at a specified time. This will be announced on the website at least 3 months in advance. The customer will be given the opportunity to submit affected vouchers by post or email.
The equivalent value will be transferred to the specified customer account within 14 days.
12.3 Redemption
Vouchers must be redeemed directly at JAQC Jewellery Academy. Cash payment or
partial refund is not possible.
JAQC Jewellery Academy is not obliged to check the eligibility of a voucher redeemer beyond checking the validity of the voucher code.
The holder of the voucher must therefore ensure that the voucher and/or the redemption code does not come into the possession of unauthorized third parties. JAQC Jewellery Academy must be informed immediately if there is a possibility that this has nevertheless happened. For a voucher redeemed by an unauthorized person, § 793 para. 1 sentence 2 BGB applies.
12.4 Multiple redemption
Misuse or multiple redemption of a voucher will be prosecuted. This also expressly includes any attempt at misuse or multiple redemption.
13. Closing remarks
13.1 If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the seller’s seat, while the place of jurisdiction is the seller’s seat if the customer is a merchant, legal entity under public law or special fund under public law or the buyer is in the country of domicile of the seller has no general place of jurisdiction. The right of the seller to choose another admissible place of jurisdiction is reserved.
13.2 The language of the contract is German.
13.3 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
13.4 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the organizer. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the organizer shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is in any case entitled to appeal to the court at the customer’s place of business.
13.5 European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
