General Terms and Conditions
1. General Information, Contact Details, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a “Customer”) through our online shop https://www.emeraldjaaz.com (the “Online Shop”) shall be governed by these general terms and conditions (the “General Terms and Conditions” or “GTC”).
Provider of all services offered is
Emerald Jaaz GmbH (the “Provider”), represented by Jarmila Zaricka,
Zum Apothekerhof 2,
60594 Frankfurt am Main, Germany.
Registered in the commercial register of the district court of Frankfurt am Main: HRB 111026.
VAT Registration Number: DE316592344.
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a “Business Customer” is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the English language.
2. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) The Customer may select products from the Provider’s product range and collect them in a shopping cart by clicking the “Add to Cart” button. Via the button “Buy Now”, the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time.
(3) The Provider subsequently sends the Customer an automatic acknowledgement of receipt with the subject “Your Emerald Jaaz order receipt” by e-mail, in which the Customer’s order is itemized for review. The Customer can print the receipt using the “Print” function. The Customer’s order [as noted in (2)] represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. The receipt summarizes the contents of the order. In this email – or in a separate email, but at the latest upon delivery of the goods – the contract documentation (consisting of the order, GTCs and order confirmation) will be sent to the Customer by us on a permanent data medium (email or hardcopy). The text of the contract is stored in compliance with data protection regulations.
3. Cancellation Terms
(1) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the following statutory cancellation terms:
Instructions for Revocation
You have the right to revoke this contract within fourteen days without specifying any reasons. The revocation period is fourteen days from the day
– on which you or a third party indicated by you, which is not the carrier, took possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
– on which you or a third party indicated by you, which is not the carrier, took possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
– on which you or a third party indicated by you, which is not the carrier, took possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Emerald Jaaz GmbH, Zum Apothekerhof 2, 60594 Frankfurt am Main, Germany, Telephone number: +49 (0)69 380 79 71 30, email address: email@example.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the Revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us at Emerald Jaaz GmbH, Zum Apothekerhof 2, 60594 Frankfurt am Main, Germany, immediately and, in any case, at the latest within fourteen days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the fourteen day deadline.
You bear the direct costs for returning the products that can be shipped via parcels as well as the direct costs for returning the products that cannot be shipped via parcels. The costs for products that cannot be shipped via parcels are estimated at approximately maximum 50 euros.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for Exclusion or Expiry
The revocation right is not available for contracts
- for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
- for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
- for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
- for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
- for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
- for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
- for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen – Revocation Form
(If you wish to revoke the contract, please fill in this form and send it back to us.)
- To Emerald Jaaz GmbH, Zum Apothekerhof 2, 60594 Frankfurt am Main, Germany. Email address: firstname.lastname@example.org.
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
(*) Cross out the incorrect option.
(2) Without prejudice to your statutory rights, we provide you with the following voluntary returns guarantee:
All products from our webshop can be returned or exchanged within twenty-eight days of receipt of the products. If you decide to return or exchange the goods, you need to write an email to email@example.com stating the reference number of the order. Details will be provided of how to do this (based on the country of delivery). All goods must be returned in a clean, unused and undamaged condition with all the tags still attached. In the case of returns or exchanges according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you. The transport risk and return costs are borne by you. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
4. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. The corresponding shipping costs are indicated to the Customer in the order form. Any customs duties and similar public charges shall be borne by the Customer.
(2) The Customer can make the payment using the following methods of payment: PayPal, a credit card (Stripe), Bancontact, SOFORT or Giropay.
(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, then the Customer is in default once the deadline has passed.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
5. Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) In the event that no date of dispatch has been specified or otherwise agreed upon, we shall be required to dispatch the product within a period of three weeks after the beginning of the delivery period pursuant to subsection 2.
(5) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as “not in stock”, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than eight weeks, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and we have without undue delay ordered the relevant products from the supplier.
(6) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 5, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(7) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
6. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by us to the carrier. If, however, we have agreed to carry out any assembly or installation work at the Customer’s place, the risk shall pass to the customer upon completion of such work and delivery to the customer.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
7. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in “text form“, including by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product. For business customers, the warranty period for items delivered by the Provider is 12 months.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health,
– in case of intentional or grossly negligent breach of duty,
– with guarantee promise, as far as agreed, or
– as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract damage limited, which typically has to be expected. Any further liability for damages is excluded.
10. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the contract and as long as we are required to keep such data in accordance with applicable law.
11. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Frankfurt am Main (Germany) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
12. Final Provisions
The contract remains binding in its remaining parts even if individual provisions or sections are legally ineffective. The ineffective provisions shall be replaced, if any, by the statutory provisions. However, if the statutory provision represents an unreasonable hardship for one of the contracting parties, then the contract as a whole shall become ineffective.
13. Consumer Dispute Resolution (European Union)
The European Commission has set up an Internet platform for online dispute resolution. The platform serves as a point of contact for out-of-court settlement of disputes over contractual obligations arising from sales contracts concluded online. You can reach the platform via the following link: