Terms and conditions

GENERAL TERMS AND CONDITIONS
JEAN PIERRE ROSSELET COSMETICS AG, An der Reeperbahn 2, 28217 Bremen, Germany.


§ 1 Scope

Contracts concluded by Jean Pierre Rosselet Cosmetics AG, An der Reeperbahn 2, 28217 Bremen, Germany, and the customer via distance sales (Internet, e-mail, telephone, fax, letter) or in retail shops regarding the purchase of goods shall be governed exclusively by these general terms and conditions of business.

§ 2 Conclusion of contract

The presentation of the goods in the online shop, in catalogs, or in the retail shop business of Jean Pierre Rosselet Cosmetics AG do not constitute a binding offer to conclude a purchase agreement.

The purchase agreement becomes effective when the customer places an order (offer) and it is accepted by Jean Pierre Rosselet Cosmetics AG. Acceptance occurs through delivery of the goods to the customer; in the case of purchase via the online shop of Jean Pierre Rosselet Cosmetics AG through an e-mail to the customer confirming dispatch of the goods (shipping confirmation). Acceptance takes place at the latest within seven days. If our order confirmation should contain clerical or printing errors, or if our prices as stated should be incorrect due to a technical transmission error, we shall be entitled to appeal but must provide proof of our error. Any payments already made will be returned immediately.

Confirmation of receipt of order takes place via automated e-mail immediately after sending and does not yet constitute acceptance of contract.

Jean Pierre Rosselet Cosmetics AG is authorized to decline conclusion of contract with the customer.

Our sales staff is not authorized to conclude verbal collateral agreements or provide assurances that go beyond the content of the written contract or the order confirmation.

§ 3 Right of cancellation for distance contracts


If the customer is a consumer, he or she has the right to cancel a contract concluded exclusively via long-distance communication media such as letter, telephone, fax, e-mail, or online contract in accordance with the following cancellation policy:

Cancellation policy

Right of cancellation
You have the right to cancel this contract within fourteen days without cause. The cancellation period is fourteen days from the date

on which you or a third party designated by you who is not the carrier took possession of the goods if you ordered the item or several items within the scope of a common order and the item or items were delivered together;
on which you or a third party designated by you who is not the carrier took possession of the last item if you ordered several items within the scope of a common order and the items were delivered separately;
on which you or a third party designated by you who is not the carrier took possession of the last partial shipment or the last item if you ordered an item that was delivered in several partial shipments or units.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract via a clear statement (e.g., a letter sent by post, fax, or e-mail) sent to the address below. You can used the attached sample cancellation form for this purpose, but you do not have to.

Sending notification prior to the cancellation deadline that you are exercising the right of cancellation shall be deemed sufficient for compliance with the terms of cancellation.

Cancellation notice should be sent to:
Jean Pierre Rosselet Cosmetics AG; An der Reeperbahn 2; 28217 Bremen;
E-Mail: info@jp-rosselet.de

Consequences of cancellation
If you cancel this contract, we must immediately and at the latest within fourteen days from the date on which we received your cancellation notice, return to you all payments we received from you, including delivery costs (with the exception of additional costs incurred if you chose a type of delivery other than the economical standard delivery offered by us). We will repay you via the same method of payment used by you in the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged a fee for this repayment.

We can refuse repayment until the goods have been returned to us or until you provide proof that you returned the goods, whichever is the earlier date.

You must send back or hand over the goods to us immediately and in all cases no later than fourteen days from the day on which you informed us of your cancellation of this contract. The deadline shall be deemed to have been met as long as you dispatch the goods prior to expiration of the fourteen-day period.

You shall cover the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this diminished value results from handling other than what was necessary to ascertain the nature, characteristics, and functioning of the goods.

End of cancellation policy information –

2. The right of cancellation does not apply to contracts

for delivery of goods that are not prefabricated and the manufacture of which requires individual selection or determination by the consumer or which are clearly tailored to the personal needs of the consumer;
for delivery of goods that can spoil quickly or the expiration date of which would be quickly exceeded;
for delivery of sealed goods not suitable for return due to health protection or hygiene reasons if the seal was broken after delivery.

§ 4 Delivery

Jean Pierre Rosselet Cosmetics AG is entitled to withdraw from the purchase contract if a supplier of Jean Pierre Rosselet Cosmetics AG, in breach of its contractual obligation, does not supply Jean Pierre Rosselet Cosmetics AG with the goods ordered. Jean Pierre Rosselet Cosmetics AG will inform the customer of the unavailability of the ordered goods without delay and immediately refund any payments already made by the customer.

All orders over 100 euros receive free shipping. If the order total is below this amount, we charge 4.50 euros shipping within Germany. The order total is the sum of all items (gross) minus all discounts.

Delivery time, unless otherwise stated in the offer, is three to five days.

Jean Pierre Rosselet Cosmetics AG reserves the right to partial deliveries as long as this is not unreasonably burdensome for the customer. Additional transport and packaging costs caused by partial deliveries will be paid for by Jean Pierre Rosselet Cosmetics AG.

If the goods cannot be delivered after two attempts by fault of the customer, we can withdraw from the contract. Any payments already made will be returned immediately.

§ 5 Prices and payment conditions

All prices indicated in the online shop of Jean Pierre Rosselet Cosmetics AG, in the order confirmation sent via e-mail (order confirmation), in the shipping confirmation, or prices indicated elsewhere, are inclusive of the sales tax applicable in Germany but do not include shipping costs, which will be listed together with the prices in the shipping confirmation sent to the customer. The appropriate shipping costs are indicated for the customer on the order form and are to be paid by the customer, unless the customer exercises his or her right of cancellation. If a VAT increase goes into effect after the customer has placed an order (submission of the offer), the remuneration to be paid by the customer will not change.

For orders with a delivery and billing address in Germany, the customer can pay in advance or via PayPal.

A fee will be charged for dunning notices, with the exception of dunning notices establishing the default of payment, pursuant to the respectively valid price list. This shall not affect the right of the parties to prove that higher or lower expenses have accrued.

§ 6 Retention of title

Jean Pierre Rosselet Cosmetics AG remains the owner of the goods until complete payment of the remuneration.

If the remuneration is not paid in full by the customer, Jean Pierre Rosselet Cosmetics AG is entitled to withdraw from the contract if payment has still not been made after granting of an appropriate grace period. After withdrawing from the contract, Jean Pierre Rosselet Cosmetics AG will take the goods back and if necessary, demand assignment of the customer’s claim for return against third parties.

§ 7 Material defects

Pursuant to the following provisions, Jean Pierre Rosselet Cosmetics AG is responsible for ensuring that the goods supplied are free from material defects at the time of the transfer of risk.

Material defects will be rectified by Jean Pierre Rosselet Cosmetics AG within a reasonable period of time (supplementary performance). This takes place by remedying of the defect (rectification) or by non-defective performance (delivery of defect-free goods – replacement delivery). If the supplementary performance fails, is unacceptable to the customer, or is rejected by Jean Pierre Rosselet Cosmetics AG, or if this is justified for other reasons giving due consideration to the interests of both parties, the customer is entitled to the legal rights of withdrawal from contract or reduction of price as well as damage and expenditure reimbursement if applicable. The right to withdraw from the contract does not exist, however, if there is only a minor material defect.

Jean Pierre Rosselet Cosmetics AG is not liable for material defects caused by normal wear and tear, external influences, or improper use.

§ 8 Liability

1. Jean Pierre Rosselet Cosmetics AG will be liable for damages in accordance with the statutory provisions for personal injury, damages according to the German Product Liability Act, damages caused by malicious conduct, and damages caused by intentional acts or gross negligence of its legal representatives or vicarious agents. Jean Pierre Rosselet Cosmetics AG assumes liability for other damage – unless a guarantee provided by Jean Pierre Rosselet Cosmetics AG provides otherwise – in accordance with the following provisions:

Jean Pierre Rosselet Cosmetics AG is liable for reparation of damages limited to the amount of contract-specific, foreseeable damage for damage resulting from a slightly negligent breach of essential contractual obligations or cardinal duties. Cardinal duties in the sense of this provision encompass both main contractual obligations (delivery and transfer of ownership of ordered products) and obligations the fulfillment of which make the proper execution of the contact possible and on the fulfillment of which the customer can regularly rely.
In all other respects, any liability of Jean Pierre Rosselet Cosmetics AG is excluded.

2. At the current technological state of the art, data communication via the Internet is not error-free and/or always available. Jean Pierre Rosselet Cosmetics AG therefore accepts no liability either for the permanent and uninterrupted availability of its online shop or for technical or electronic business transaction errors over which Jean Pierre Rosselet Cosmetics AG has no influence, in particular not for a delay in processing or acceptance of offers.

3. The limitations of liability shall also apply to the personal liability of the legal representatives, agents, and employees of Jean Pierre Rosselet Cosmetics AG.

§ 9 Statute of limitations

Inasmuch as no fraudulent intent exists, the customer’s claim to supplementary performance and claim to damage compensation due to defects shall become time-barred after two years from the date on which the goods were delivered. Exercising of the right to withdrawal from the contract or reduction of payment shall be invalid if the customer’s performance claim or right to supplementary performance have become time-barred.

Customer claims resulting from a breach of duty not consisting of a defect shall become time-barred three years from the date on which the claim arose – as long as there is no malice or gross negligence. This shall not apply if the claim in question is for compensation of personal injury.

§ 10 Data protection and credit screening

Jean Pierre Rosselet Cosmetics AG uses the personal information (name, address, date of birth, e-mail address, phone number, fax number, bank account information, credit card number) supplied by the customer in accordance with the provisions of the German Data Protection Act.

All personal data is kept confidential. The personal data required to process business transactions is saved by Jean Pierre Rosselet Cosmetics AG and used for processing orders, delivery of goods, and processing of payments as well as being disclosed to cooperation partners (cosmetic salons authorized by JPR) and shipping companies if necessary for these purposes. Data is also used for marketing purposes. During data processing, the data protection interests of the customer are taken into consideration according to the statutory provisions.

The customer can object to the usage and processing of his or her data for marketing purposes at any time by sending notification to Jean Pierre Rosselet Cosmetics AG, An der Reeperbahn 2, 28217 Bremen, Germany, e-mail info@jp-rosselet.de, phone +49 421 79309-0, fax +49 421 79309-911, and revoke any consent given.

Jean Pierre Rosselet Cosmetics AG does not conduct credit or identity checks. No data is transmitted to SCHUFA.

§ 11 Offsetting / retention / assignment

The customer can offset his/her own claims only to the extent these claims are legally established, ready for decision, or recognized. The right of retention is excluded if it results from claims based on another contractual relationship.

The assignment of claims against Jean Pierre Rosselet Cosmetics AG is excluded.

§ 12 Final provisions

The legal relationship between the customer and Jean Pierre Rosselet Cosmetics AG is subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law dated April 11, 1980 (Viennese CISG convention).

Insofar as the customer is a merchant, does not have a place of general jurisdiction in Germany, transfers his/her residence or main residence abroad, or if his/her residence or main residence is unknown at the time the complaint is filed, then the place of jurisdiction for all disputes shall be the headquarters of Jean Pierre Rosselet Cosmetics AG, 28307 Bremen, Germany. However, Jean Pierre Rosselet Cosmetics AG is also entitled to bring proceedings against these customers at their place of residence.

The language for the entire business transaction is German.

Information on value replacement:

The products supplied by us are high-quality products intended for personal use and which must meet the strictest hygienic requirements. In a retail store, you would not purchase products such as cosmetics that had fingerprints on them or showed others signs of usage, the contents of which were partially used, which had a broken seal, or were otherwise damaged. We cannot resell these types of goods. We therefore kindly ask you to understand that we must demand reimbursement in such cases.