Terms of service
1.1 These General Delivery / Payment Conditions of JK-International GmbH, Köhlershohner Straße 60 in 53578 Windhagen, Germany (hereafter referred to as “JK”) shall apply to all our goods and services which are offered in our online shops https://www.dayon.com and https://www.melume-cosmetics.eu. Any deviating contractual conditions given by customers shall not apply unless they are expressly accepted by us in writing for an individual case.
1.2 The value of the goods per order in our online shop https://www.melume-cosmetics.eu may not exceed a value of 250.- EUR a maximum of 5 products per reference may be ordered. All products shall additionally be only sold in normal household quantities. This shall apply both to the quantity of the ordered products as part of an order and to the issuing of several orders for the same product as a result of which the individual orders amount to a normal household quantity.
2 Conclusion of the contract
2.1 The range of items in our online shops shall not constitute an offer for the conclusion of a purchase contract but merely constitute an invitation to make such an offer. The customer shall only be considered to have issued an offer for conclusion of a purchase contract when the transmission of the completed order form is performed via the button provided for this purpose. After receipt of the online order, the customer shall receive an e-mail from us containing an order confirmation. This does not represent acceptance of the contract by us. With this action we merely fulfil our statutory duty for disclosure. This shall not take place until the separate issue of an order confirmation by e-mail or by the shipment of the goods to the customer. We reserve the right to maintain a period of two days for acceptance after the placing of the order by the customer.
3.1 The prices shown by us are gross prices and contain the legally applicable rate of VAT.
3.2 For each delivery an additional delivery charge is due, which the customer is informed about before placing their order in the online shop. Any customs duties which are due must generally be paid by the customer unless otherwise agreed within the terms of the conclusion of the contract.
3.3 An obligation for installation and/or assembly shall only be regarded as existing where a separate order is placed for this at the costs given in the online shop.
3.4 The customer may only have the right to compensation in the case of undisputed or legally binding claims.
4 Means of payment
4.1 Various forms of payment are fundamentally available to the customer. However, we reserve the right for each order or for certain products to not offer certain forms of payment and to refer customers to alternative forms of payment. No claim shall exist to one particular form of payment.
4.2 We offer the following forms of payment: credit card (Visa and MasterCard), Paypal . The billing of these forms of payment takes place via the payment service provider, Adyen N.V. German Branch, Friedrichstraße 63, 10117 Berlin. Purchase by instalments is also offered for certain products without the involvement of Adyen N.V. In addition, we offer purchase on account with payment in advance.
5.1 The delivery of the ordered goods and services is made by post. The delivery of those goods unable to be delivered by parcel service takes place by truck by us or by a shipping company contracted by us to the delivery address given by the customer.
5.2 For delivery times and delivery restrictions (e.g. restriction of delivery to certain countries) for individual products, please refer to a separate information page “Shipping costs & delivery times” or to the product description in question.
5.3 We are not obliged to perform any unpacking, installation or assembly work unless it is separately agreed.
5.4 Deliveries by the shipping company are fundamentally made to the pavement edge unless delivery into the dwelling to a desired place of use has been expressly ordered.
5.5 In order to enable delivery by a shipping company, the customer must ensure where possible that sufficient opportunity is provided for parking at the delivery location. If the goods are unable to be delivered into the dwelling due to the existing local conditions, e.g. a lack of parking space, or are unable to be delivered by the usual path (through the entrance to the house or stairway), the shipping company shall have the right to refuse delivery into the dwelling or to the desired place of use. We must be informed in advance of any possible impediments that can be identified by the customer.
5.6 We shall have the right to perform partial deliveries where these are reasonable for the customer and without charging the customer additional costs for this.
5.7 We retain the right to combine several ordered items in one delivery.
6 Delivery periods and dates
6.1 When delivery is made by truck or by a shipping company, an exact delivery date shall be agreed upon acceptance of the order. The customer shall undertake to accept the ordered delivery on the agreed date. If the goods cannot be delivered on the agreed date in the case of delivery by truck or by a shipping company due to reasons for which the customer is responsible, we shall reserve the right to charge the customer for the costs of redelivery. The obligation for the bearing of costs shall be deemed not to be applied if the customer has exercised their justifiable right to revocation.
6.2 The anticipated time for delivery shall be given for each product in question upon ordering of the individual goods in the online shop.
7 Acceptance of goods
7.1 The following applies in relation to acceptance of the goods which are ordered to be made to customer specification: If the customer does not accept the goods on the agreed date in the case of delivery by truck or by a shipping company or if the goods are unable to be delivered to the customer in the case of dispatch by post and the customer also refuses acceptance of the goods after expiry of a reasonable period of grace which has been placed on them by us or if they have previously genuinely and finally expressly refused acceptance, we shall have the right at our discretion to withdraw from the contract and to demand damages in lieu of performance amounting to 20 % of the order value in cases where the goods are already located in our warehouse and/or the order from our own suppliers can no longer be cancelled, in all other cases amounting to 10 % of the order value. The customer shall remain free to provide evidence that no possible damage or only a significantly smaller amount of damage has been incurred by us. We shall retain the right to enforcement of additional damages, in particular also in relation to any storage costs incurred by us and any possible reduction in revenue which may occur on onward sale.
8 Retention of title
8.1 We shall retain the title to all supplied objects up to completion of payment of both the delivered goods and of all other goods belonging to the same order. The customer must handle the goods with care until complete fulfilment has been achieved and must ensure that any third parties who are granted access to the goods treat the goods carefully.
9 Assembly and other service provisions made by JK
9.1 Should we offer an assembly service or other services in the delivery region, we shall undertake it as specifically determined in the order. The customer shall be obliged to a reasonable extent to obtain information on the type and course of supply lines, the load bearing capacity of walls and any other specificities before commencement of work. The customer must provide information on this before commencement of work without being requested. We shall assume no liability that the goods are able to actually be installed or fitted in their intended rooms. This risk shall be borne by the customer. The same shall apply if we have been involved in the planning of assembly based on information from the customer. The connecting of a device to utility supply connections shall only take place using those connecting points present on site which are in technically perfect condition, which are freely accessible and which are able to be reached at a location to be determined by the customer using the hoses, cables, etc. present on the device. It shall be the responsibility of the customer to provide all parts needed for this purpose on the agreed assembly date.
9.2 The customer shall pay for the services in advance.
9.3 The customer shall be informed about the anticipated date of assembly and other services performed by JK at the time of issue of the order or by telephone by our service partner.
9.4 A cancellation of the assembly and other services performed by JK shall be possible free-of-charge for the customer at least three working days before the anticipated assembly date. If the assembly or other services performed by JK is cancelled on a later day or if it cannot be (completely) performed due to reasons for which the customer is responsible, JK shall have the right to demand 75 % of the assembly or other service costs. In all cases the customer shall be free to provide evidence that JK has suffered either no damage or a lower amount of damage. Any additional claims made by JK shall remain unaffected by this.
10 Right of revocation for purchase contracts, the ordering of goods, right of revocation for consumers
You have the right to revoke this contract within fourteen days without specifying any reasons. The period of the right of revocation shall be fourteen days from the day,
a) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the goods if you have ordered an item or goods as part of a single order and the item or goods have been delivered in a uniform manner; or
b) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the last item of the goods if you have ordered several items of goods as part of a single order and the goods have been delivered separately; or
c) on which you, or a third party nominated by you who is not the consignor, have/has taken possession of the last partial shipment or the last item if you have ordered one set of goods which is delivered in several partial shipments or items.
To exercise your right of revocation, you must inform us (JK-International GmbH, Köhlershohner Straße 60 in 53578 Windhagen, e-mail: email@example.com) of your decision to revoke this contract by means of a clear declaration (for example, a letter sent by post or an e-mail). You may use the attached sample revocation form for this purpose, but this is not mandatory. For compliance with the revocation period, it is sufficient that you submit the notification of exercising the right of revocation before expiry of the revocation period.
Consequences of the revocation
If you have revoked the contract, we shall reimburse you for all payments that we have received from you including the delivery costs (with the exception of the additional costs incurred by your choice of a form of delivery other than the most economical form of standard delivery offered by us) without delay and at the latest within fourteen days from the day on which the message about your revocation of this contract was received by us. We will use the same means of payment for this repayment which you utilised for the original transaction, unless explicitly otherwise agreed with you; on no account will any fees be charged as a result of this repayment. We can refuse the repayment until the goods have been returned to us or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods without delay and in all cases within fourteen days at the latest from the day on which you have informed us of the revocation of this contract to JK-International GmbH, Köhlershohner Straße 60 in 53578 Windhagen. The period shall be deemed to be met if you send the goods before expiry of the period of fourteen days. You shall bear the direct costs associated with the return of goods which are able to be sent by parcel post. You shall also bear the direct costs associated with the return of goods which are unable to be sent by parcel post. The costs within Germany are estimated to amount to a maximum of about 300.- EUR. The estimated costs outside Germany will be given on request.
Exclusion/invalidation of the right of revocation
The right of revocation shall not be deemed to exist in contracts forthe delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer. The right of revocation shall be deemed prematurely invalid in contracts for the delivery of sealed goods which are unsuitable for return for reasons relating to health protection or hygiene if their seal is removed after delivery.
Right of revocation for service contracts/contracts for the provision of services
Right of revocation for consumers
You have the right to revoke this contract within fourteen days without specifying any reasons. The period of the right of revocation shall be fourteen days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us (JK-International GmbH, Köhlershohner Straße 60 in 53578 Windhagen, e-mail: firstname.lastname@example.org) of your decision to revoke this contract by means of a clear declaration (for example, a letter sent by post or an e-mail). You may use the attached sample revocation form for this purpose, but this is not mandatory. For compliance with the revocation period, it is sufficient that you submit the notification of exercising the right of revocation before expiry of the revocation period.
11 Consequences of the revocation
If you have revoked the contract, we shall reimburse you for all payments that we have received from you including the delivery costs (with the exception of the additional costs incurred by your choice of a form of delivery other than the most economical form of standard delivery offered by us) without delay and at the latest within fourteen days from the day on which the message about your revocation of this contract was received by us. We will use the same means of payment for this repayment which you utilised for the original transaction, unless explicitly otherwise agreed with you; on no account will any fees be charged as a result of this repayment. If you have demanded that the services should begin during the period of the right of revocation, you must pay us a reasonable amount of money that corresponds with the proportion of the services already performed up to the point in time at which you inform us of your exercising of the right of revocation with respect to the contract in comparison with the overall scope of the services intended in the contract.
Information on a premature invalidation of the right to revocation
The right to revocation shall be deemed to be prematurely invalid, unless the parties have otherwise agreed, in a contract for the provision of services if we have fully rendered the service and have not commenced performance of the service until after the consumer has given their express agreement to do this and at the same time has confirmed their awareness that they will lose their right to revocation upon complete fulfilment of the contract by us.
12 Guarantee, alternative settlement of disputes
12.1 The statutory guarantee regulations shall apply in cases of defects to the goods. The limitation period for statutory claims for defects is two years and begins with delivery of the goods. The guarantee period is 12 months for companies.
12.2 The product illustrations must not always correspond with the appearance of the delivered goods. Changes in appearance and in the features of the goods may in particular occur after changes in the product range. Claims for defects shall not be deemed to exist where the changes are considered reasonable for the customer.
12.3 Online settlement of disputes in accordance with art. 14 para. 1 of the Regulation on Online Dispute Resolution (ODR): The European Commission provides a platform for the online resolution of disputes which can be found at http://ec.europa.eu/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
13 Damages liability
13.1 We will pay damages in cases of impossibility of performance or default for which we or our legal representatives or agents are responsible. However, in this respect, we shall only be liable for direct and typical damage sustained by the customer. We shall otherwise only be liable for damages if a violation of essential contractual obligations is present or if the customer sustains damage resulting from injury of life, body, and/or health or where we have caused the damage either wilfully or through gross negligence. A liability on our part shall also remain in accordance with the mandatory provisions of the last valid edition of the Product Liability Act.
13.2 Essential contractual obligations are deemed to be those obligations which protect the legal positions of the customer, which are material to the contract that must be granted to the customer under the contract in terms of its subject matter and purpose; also deemed fundamental are such contractual obligations that need to be fulfilled in order for the contract to be properly performed in the first place and on the fulfilment of which the customer regularly relies and may rely.
14 Data protection property rights
14.1 We only collect, process and make use of the personal data of our customers in accordance with and in conformity with the relevant data protection regulations of the Federal Republic of Germany, in particular with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The details are regulated in our Data Protection Declaration https://www.melume-cosmetics.eu/policies/privacy-policy and https://www.dayon.com/policies/datenschutz.
14.2 JK shall have all exclusive property rights for the contract products and for the online shop including copyrights, trade mark rights, company rights or other markings and expertise, where Present.
15.1 Contracts between us and the customer shall be subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for International Supply, whereby the mandatory regulations in particular of the law of the country in which the customer is ordinarily resident remain unaffected by this in cases where the customer is a consumer.
15.2 The place of jurisdiction for all disputes and the place of performance shall be Bad Honnef in cases where the customer is a merchant, legal entity under public law or a special fund under public law.
15.3 The contractual language is German. The order text is not stored at our company and can no longer be called up after conclusion of the ordering process. However, the customer can print out their order data immediately after submission of the order.
15.4 The customer shall agree that contract-related communication shall take place in an electronic form.
SAMPLE REVOCATION FORM
You can download the file here.
(If you wish to revoke the contract, please complete this form and return it to us.)
JK-International GmbH, Köhlershohner Straße 60 in 53578 Windhagen, E-Mail: email@example.com
I/We (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*) ………………………………………………..………… /
the provision of the following service (*) ………………………………………………..…………
ordered on (*) ………………………………………………..………….
received on (*) ………………………………………………..………….
Name of the consumer(s) ……………………………………………..…………....
Address of the consumer(s) ………………………………………………..………….……..…………...............
Date, signature of the consumer(s)
(*) Delete as appropriate.