Terms & Conditions
1) Jessica Bader design (Jessica Bader), E-mail: email@example.com (hereinafter called “Jessica Bader design“) offers its customers an online shop for jewelry under the following internet address http://www.jessicabader.com (hereinafter called “website”).
2) The following general terms and conditions apply to all orders, contracts and all deliveries and services between Jessica Bader design and its customers. Any differing or conflicting general terms and conditions of customers are fully waived unless otherwise agreed upon in writing.
3) The current version of the general terms and conditions is available at anytime at http://www.jessicabader.com.
1) Your order is a request to us for the formation of a contract. A contract is only formed when you receive an order confirmation from us. The customer places an order online via the online shop using a shopping cart system, but also via mail. The customer is bound to this order for seven days. If within this period of seven days the order is not accepted by Jessica Bader design, as signified by the customer not having received an order confirmation from Jessica Bader design, no contract is formed. The acknowledgement by Jessica Bader design of receipt of an order, in itself does not signify an order confirmation.
2) Jessica Bader design is entitled to withdraw from a contract in the following cases:
a) Payment does not occur via paypal.
b) The order originator was placed under insolvency protection, or has filed for insolvency protection or is under liquidation.
c) The goods will be sold commercially to third parties.
1) The prices listed with the products do not include tax. The cost of shipping is not included in the listed price.
2) Currently we do not offer shipping to countries outside of the U.S.A. as part of the automated order process. In case you wish us to send our products outside of the U.S.A. we ask you to please send us an email to firstname.lastname@example.org. Please note that there may incur additional costs such as customs fees, import VAT or special transport service interchange fees.
At Jessica Bader design (www.jessicabader.com) you have the option to pay for your order by PayPal.
Please keep in mind that all orders paid for in advance will only be processed after the payment has been received.
1) Contract language is English.
2) The contract wording will be saved electronically by us and will be transmitted to the customer via email.
1) Delivery occurs to the address specified by the order originator, as close to the stated delivery date quoted in the product listing as possible. Delivery dates and delivery periods are to be understood as customary delivery times. Quoted delivery dates are not fixed delivery dates unless the delivery date or the end of the delivery period has explicitly been set as a fixed date. In case of delivery delays that become apparent during the order process, Jessica Bader design will inform the order originator of this as soon as possible.
2) Jessica Bader design has the right to make partial deliveries, in other words, to delivery each piece of jewelry individually.
3) When a delivery is not possible then both parties have the right to cancel the contract. In case the customer options to cancel the order, they will also be reimbursed for any previous service charges.
4) The ordered items remain property of Jessica Bader design until final payment is received.
If the customer is a consumer, then he is entitled to make use of the following rights of return policy.
The right of return does not apply to items that were created to custom specifications of the customer or were tailored to the requirements of the customer.
The customer is entitled to withdraw from his contractual obligation within 14 days of receipt of good and this right of return information in writing (e.g. letter, email, fax).
To adhere to the right of return period it is sufficient to send in the withdrawal in writing or send in the goods within the right of return period.
The withdrawal is to be sent to and the goods are to be returned to:
Jessica Bader design, Jessica Bader, Email: email@example.com.
In case of a legitimate return, any payments, goods, or services provided by either side are to be returned and compensation made for any benefits derived (e.g. benefits of use).
If the customer cannot return the received good or service in full or only in an impaired condition, then he is required to pay the relevant compensation. A impaired condition of the good or service is not present if it is due to normal the testing and trying out of the good or service – which would have been common for a customer to do in a physical shop.
In case of return of a good or goods, whose total order value is up to $100, the customer is responsible for paying for the return shipping charges, if the delivered good or goods are the ordered good or goods. In all other cases the return shipping is free of charge to the customer.
1) If the purchased item has a defect that Jessica Bader design is accountable for, then Jessica Bader design will correct it following a valid defect claim was made. In this case Jessica Bader design will act to rectify or replace the defective item.
2) Jessica Bader design notes that the condition of the goods is not equivalent to its visual presentation on the website. This also applies to the technically influenced variation in display of the color of merchandise on the internet. The merchandise available for purchase at Jessica Bader design (www.jessicabader.com) represents a digital photographic image of an actual product. Small discrepancies between presentation and the actual product do not constitute defective merchandise.
The customer is only entitled to right of retention if his counterclaim has been legally determined or if we have consented to the aforementioned. The customer is authorized to exercise his right to retention only to the extend his counterclaim is subject to the same contractual agreement.
1) Jessica Bader design shall be held fully liable for intent and gross negligence and, in case of injury of life, body and health, Jessica Bader design is also liable for any form of simple negligence.
2) Otherwise Jessica Bader design is only liable for negligence if fundamental contractual obligations (cardinal obligations) have been violated. The liability of Jessica Bader design in such cases is limited to contract-typical and reasonably foreseeable damages.
3) As far as liability of Jessica Bader design is excluded or limited, this also extends to personal liability of employees, temporarily contracted employees, organs, representatives and temporary staff.
4) Jessica Bader design is not liable for the functionality of computer networks, servers or data lines of its data center or the permanent availability of its online shop.
1) Jessica Bader design takes the responsibility of handling your data very seriously and most certainly observes all legal provisions.
1) If the customer is an entrepreneur, the sole juristiction is that of the office headquarters of Jessica Bader design. Furthermore Jessica Bader design is entitled to sue the customer in any other legal juristiction.
2) Only the law of the United States of America applies, and excludes the regulations of the United Nations agreement on international trade of goods and services (CISG).
3) The customer is not permitted to transfer contractual demands or obligations with Jessica Bader design to third parties without prior written agreement of Jessica Bader design.
4) Changes and amendments of these terms and conditions are required in writing. This includes changes to the written-form clause.
5) If individual clauses of these terms and conditions become ineffective in part or in full, this does not affect the effectiveness of all other parts of the terms and conditions.