General Terms and Conditions
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 These General Terms and Conditions (hereinafter referred to as “GTC”) of Jasmin Karger, trading as “JAQC Jewellery and JAQC Jewellery Academy” (hereinafter referred to as “Seller”), shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters a legal transaction for purposes predominantly outside his trade, business, or profession. An entrepreneur within the meaning of these GTCs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their 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.
2. Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller can accept the customer’s offer within five days, by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button concluding the ordering process.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this.
2.6 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4. Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices. Value added tax is not shown, as the seller is a small business within the meaning of the UStG. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online store.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5. Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6. Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8. Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the Seller is also responsible for processing the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer’s content by the seller. The customer shall also assume the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
9. Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
10. Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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 & 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
In general, we do not allow filming or taking photos during a class. Execptions need to be discussed and confirmed with the instructor.
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.