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General Business Terms & Conditions of
Jeff Green GmbH (October 2009 version)
The resolution and other settings on your monitor can affect the appearance of garment colours on this website. For this reason, the colours may differ slightly from those of the actual garments.
1 Scope and definitions
The General Business Terms & Conditions in the version valid at the time of each order apply exclusively to business relationships between Jeff Green GmbH and the Purchaser. Any contradictory or other general terms and conditions and/or other conditions of the Purchaser are expressly rejected, irrespective of their being described, unless Jeff Green GmbH expressly agrees in writing to their validity.
2 Contract of sale
The offers to supply goods issued on our Internet site are non-binding offers. By clicking “Send” in the shopping basket you are concluding a binding order for the items found in the basket. Immediately after sending an order you will receive an automated confirmation of receipt of your order by e-mail. The Contract of Sale only comes into being through confirmation of order and/or delivery.
3 Dispatch and forwarding costs
1. Within Germany
We will deliver your order as quickly as possible. Your part of the forwarding costs is 4.95 €. Follow-up delivery of items ordered, if not in stock when order is issued, will occur automatically. If you do not wish for a follow-up delivery please mark this on your order. Of course you do not pay additional forwarding costs for a follow-up delivery.
2. Delivery in Europe
Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Italy, Croatia, Lithuania, and/or Luxembourg, Malta, Monaco, Netherlands, Austria, Poland, Portugal, Rumania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus
Euro: 11.90 | GBP: 11 | DKR: 95.00 | SKR: 133.00
Switzerland Norway
Euro: 18.90 | NOK: 170.00
Forwarding costs in non-EU countries are charged according to expenditure.
(The VAT included in our prices will be immediately deducted when completing the invoice when dispatching to countries which are not part of the EU internal market)
3. Duties and fees
Duties and fees are incurred by the Purchaser when delivery is to a non-EU country.
4 Payment
The following payment methods are available:
1. Credit card
The possibility of paying via Mastercard, American Express or VISA is also offered to purchasers. When ordering please provide the credit card number, security code and date of validity of the credit card. The amount of the invoice is charged to the credit card account at the time of delivery.
2. Bank debit transfer
It is possible to make a bank transfer, within Germany only, by entering the relevant account number; bank details (sort code, name and place of bank). Beyond this private customers only may pay on invoice but not companies or institutions. The bank debit takes place about 14 days after delivery.
3. Payment in advance of delivery
The full amount of the order may be paid giving the customer or invoice number, the full name of the orderer and their place of residence, in advance, into our account .... more details for foreign transfers: IBAN DE.......; Swift BIC........
If applicable we reserve the right to deliver only after payment in advance or by credit card. In this case you will be notified by us in advance.
5 Retention of title
1.
Until full payment of the purchase price the goods supplied remain in our ownership.
2.
The Purchaser is under an obligation to inform us immediately in writing if the goods are seized or are the subject of some other third party intervention, and to refer the third party to the retention of title.
6 Delivery periods, availability of goods
1. We notify the Purchaser of the delivery time in the confirmation of dispatch. In order for the delivery to be on time the decisive factor is the time at which we transfer goods to the forwarding company at the place of performance. Once this delivery period has expired without success, a supplementary period of 14 days is set in motion automatically without further statement from the Purchaser. The Purchaser may only withdraw from the contract once this supplementary period has expired.
2.If at the time of the Purchaser’s order no copies of the products chosen by it are available, we will refer the Purchaser to this fact in the confirmation of dispatch. Therefore in the confirmation of dispatch we only accept the Purchaser’s offer limited to those goods which are available. For clarification we would point out that no contract is made for the goods which are unavailable.
3.If, as a result of an act of God or for other reasons which are not our fault, the given delivery periods cannot be adhered to we shall inform the Purchaser of this immediately.
At the same time a new delivery time will be notified to the Purchaser appropriate to the relevant circumstances. If the goods are not available within the new delivery time, for reasons not attributable to us, we are able to withdraw from the contract in whole or in part. Any consideration already provided shall be reimbursed to the Purchaser immediately. Grounds exist which are not our responsibility if, and insofar as, we are not supplied in time by our own suppliers although an adequate covering transaction was put in place. If we cannot assume that the delivery will be bought by one of our customers as a result of a delay, that customer may then withdraw from the contract after sending a written explanation immediately by Fax or e-mail to us. Other statutory rights of the Purchaser are not affected.
4.After the goods are passed to the forwarding company the Purchaser will automatically receive a dispatch note by e-mail.
5.Part deliveries and early deliveries are allowed within the scope of what is reasonable for the Purchaser. Insofar as a Purchaser has ordered several items it may be that we send these in several deliveries. The Purchaser will be informed of this before they are dispatched.
If part of the goods ordered by the Purchaser cannot be supplied, temporarily or permanently, that part of the order will be cancelled. Only those parts of the order which are actually available are named in the confirmation of dispatch.
In this case a contract is only concluded for the goods available as listed in the confirmation of dispatch. No contract is concluded for the parts of the order not available.
7 Instructions on cancellation
1. Right of cancellation
Acting as consumer (any natural person which makes a legal deal for a purpose which cannot be attributed to its commercial or independent professional business) you may cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, Fax, e-mail) or by returning the object. The period begins on the day on which you receive the instructions on cancellation in text form, but not before receipt of the goods at your premises or at the place of delivery named by you (not before receipt of the first part delivery with regard to repeat delivery of the same kinds of goods) and also not before we, as Vendor, have fulfilled our duty to provide information according to § 312 c (2) BGB [German Civil Code] in association with § 1 (1), 2 and 4 BGB – Info V and our obligations according to § 312 e (1) para 1 BGB in association with. § 3 BGB – Info V. The timely sending of the cancellation or of the object is sufficient to prove adherence to the period of cancellation. Cancellation should be sent to:
Jeff Green GmbH
Hans-Schütte-Str. 20
26316 Varel
GERMANY
2. Consequences of cancellation
If a cancellation effectively takes place, any consideration received by either side is to be returned. There is no obligation to compensate for the use of the object or the value of the use. If you are unable to return the goods received to us, in whole or in part, or if they are in a deteriorated condition, you should provide us with compensation for their value.
When objects are handed over this does not apply if the deterioration in the object can be exclusively attributed to their examination – as might possibly occur in a shop situation.
For the rest you can avoid the obligation to compensate for a deterioration which has occurred through the use as per contract of the object, by not operating the object as owner, and refraining from anything which might adversely affect its value.
Objects which can be returned by parcel post are returnable at our risk. You must pay the costs of return if the goods supplied correspond to what was ordered. In any other case you may return the goods free of charge. Objects which cannot be parcelled will be collected from you. Obligations to return payments must be performed within 30 days. The period begins for you when either your declaration of cancellation or the object is sent, and for us when it is received.
3. Exclusion of the right to cancel
The right to cancel does not exist with regard to contracts for the supply of goods which are prepared to the customer’s specification or are clearly adapted to the personal requirements or are not suitable for return because of their specific nature, unless the consumer has made his contractual declaration by telephone.
8 Warranty
1.The warrant for defects in goods purchased is regulated by the statutory regulations, particularly §§ 434 ff. BGB and the conditions hereinafter.
2.If you, the Purchaser, are an entrepreneur, you should inspect the goods immediately after receipt and complain about any visible defects immediately, but at least within 6 working days, in writing. Hidden defects should be the subject of a written complaint within 6 working days of their discovery. The sending of the notification on time is sufficient proof of having adhered to this period. The receipt of complaints by an agent of vicarious liability or by any trade representative acting for us is not sufficient.
You should include the order number of any delivery and the reason for the complaint. If you do not fulfil your statutory obligations to inspect and complain according to § 377 HGB you have no warranty rights.
3. Differences in quality, colour, size, finishing or design of the goods, which are customary in trade or technically unavoidable due to variations in the materials, are unimportant. There is no right of withdrawal because of these or other insignificant defects. The onus is on you to elect to prove that the deviations named are significant for your purposes.
4. There are no warranty rights if you have modified the goods and the defect was caused by this process. Claims for compensation or replacement of futile expenditure only exist according to § 10 of these General Business Terms & Conditions (AGB).
9 Data protection, data processing
The protection of personal details of our customers which they provide us with when using online sales are important to us. We will only collect, store and use personal details in harmony with the valid data protection conditions.
(Note on data protection)
10 Liability
1.We are unrestrictedly liable for intent and gross negligence. We are only liable for negligence in the event of endangerment of life, causing bodily injury, endangerment of health or breaching of an important contractual obligation. Important obligations are those which must be fulfilled to attain the object of the contract and on the fulfilment of which you have relied and may rely as Purchaser.
2. In the light of a negligent breach of important contractual obligations our liability is limited in its extent to the foreseeable loss which might typically occur.
3.The foregoing limitations on liability also apply in favour of our statutory representatives and agents of vicarious liability.
4.Liability under product liability law is not affected.
11 Final clauses
1.For contracts made with our customers the Law of the Federal Republic of Germany applies, to the exclusion of UN Purchasing Law.
2. If individual clauses in these General Business Terms & Conditions are or become void, the effectiveness of the conditions will not otherwise be affected. The relevant pertinent statutory clauses shall apply instead of the void clause. This applies accordingly to the filling of any loopholes in the regulations of these General Business Terms & Conditions.
12 Website Owner
The website offered under the domain name www.jeffgreen.eu is operated by:
Jeff Green GmbH
Hans-Schütte-Str. 20
26316 Varel
Tel. +49/4451/918958-0
Fax. +49/4451/918958-9
Managing Director: Peter Bartels
Registered address: 203065 Amtsgericht Oldenburg
UST/VAT-ID.: DE264649399
Tax reference: 70/200/45562
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