AGB

Scope of application
These terms and conditions apply to all purchases made from Jadé by private customers.

Conclusion of contract
The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a sales contract. By placing an order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.

Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment
Payment is made upon delivery by means of
- Apple Pay
- credit card
- Payment at pickup
- PayPal

Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- Austria
- Switzerland
- Europe

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Jadé's obligation to perform is excluded. Amounts already paid will be refunded by Jadé without delay.

(3) Jadé can also refuse performance if this requires an effort which is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Jadé without delay.

(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by a forwarding agency. Jadé explicitly points out that these goods will not be carried into the house.

Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased costs compared to a less expensive shipping method.

Defect rights
(1) A product that is already defective upon delivery (warranty case) will be replaced by a defect-free one or professionally repaired by Jadé at the customer's option and at Jadé's expense (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).


(2) Furthermore, Jadé does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of supplementary performance requested by the Customer (replacement delivery or repair) requires an effort which is grossly disproportionate to the Customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the Customer - the Customer's claim is limited to the respective other type of supplementary performance. The right of Jadé to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.

(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at Jadé's expense to the return address provided by Jadé, stating the order number. Before sending the product, the Customer shall remove any items inserted by him from the product. Jadé is not obligated to inspect the product for the insertion of such items. Jadé shall not be liable for the loss of such items, unless it was readily apparent to Jadé at the time the Product was returned that such item had been inserted into the Product (in which case Jadé shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). The Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data located on the Product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by it. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty.

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling.
b) if Jadé is responsible for the deterioration or loss or if the damage would also have occurred at Jadé.
c) if the deterioration or loss occurred at the customer's premises, although the customer has exercised the care he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.

(8) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which shall be governed by the corresponding warranty conditions.

(9) The legal warranty of Jadé ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability
(1) In case of slight negligence, Jadé is only liable in case of violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Jadé is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Regardless of Jadé's fault, Jadé's liability remains unaffected in case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Jadé.

(3) Jadé is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.

(4) The personal liability of Jadé's legal representatives, vicarious agents and employees for damages caused by them due to slight negligence is excluded.

Applicable Law
The contract concluded between you and Jadé is exclusively subject to the laws of the Federal Republic of Germany under the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final Provisions
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.