General terms and conditions of business

1. Scope

The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between JACKS beauty GmbH, represented by the managing directors Lisa Buchholz & Miriam Jacks, Danneckerstraße 8, 10245 Berlin (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer") concluded via the online shop www.jacks-beautyline.com. Customers are either consumers or entrepreneurs who, however, only act as end customers.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Order process and conclusion of contract

The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button.
The customer can then complete the ordering process within the shopping cart by clicking on the “Continue to checkout” button.

By clicking on the button “Order with payment”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change the data
You can change and view this information at any time. Required information is marked with an asterisk (*).

The seller will then send the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation).

The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has shipped or handed over the ordered product to the customer within 3 days or has confirmed the shipment to the customer with a second email, express order confirmation or sending of the invoice.

If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite the payment being due, the seller can withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.

3. Contract language, contract text storage

The languages ​​available for concluding the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Prices, shipping costs, delivery information

The prices in Euro (€) stated on the product pages include the current statutory VAT.
We deliver within Germany, EU member states and Switzerland

Discount codes are deducted proportionately from all products in the shopping cart, unless otherwise stated. In the event of a refund, the amount paid according to the invoice will be refunded.

National Shipping
In addition to the prices stated, we charge 4.50 euros for delivery within Germany via DHL or 3.90 euros for delivery via DPD per order. The flat rate shipping fee includes VAT. For orders over 70.00 euros, shipping is free.

The shipping costs are clearly stated in the shopping cart system and on the order page. All packages are insured against loss or damage during transport. All national packages are shipped in a climate-neutral manner (Go Green).

The average delivery time within Germany is 2-3 working days.

Shipping to EU countries
For deliveries to Belgium, the Netherlands, Luxembourg, Austria, Denmark (excluding the Faroe Islands and Greenland), Sweden, France, Spain, Monaco, Italy, Poland, the Czech Republic , Slovakia, Malta and Portugal we charge a flat rate of 8.90 euros.
The shipping costs include VAT.
The average delivery time is approximately 2 – 8 working days, depending on the destination country.

Shipping to Switzerland
Shipping to Switzerland costs 14.90 euros.

For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. In order to enable smooth delivery to Switzerland, we would like to inform you for reasons of transparency that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also integrated into the trading chain. This does not incur any additional costs for the buyer.

For deliveries to non-EU countries, your order will take approximately 5-10 working days.

5. Payment

In our shop you can generally use the following payment methods:

6. Transport damage

If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the freight carrier or transport insurance.

7. Warranty and Guarantees

The warranty is determined according to statutory provisions.
A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.

8. Returns and Exchanges

Only unopened and unused products will be accepted for return within two weeks. Products that have been opened and/or used cannot be exchanged or returned.

If you are not satisfied with the product, you can only return it if it is unopened and unused.

If there is an intolerance, the products cannot be returned. Please contact our customer service at support@jacks-beautyline.com .

9. Dispute settlement

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Place of jurisdiction and applicable law

For all disputes with consumers (Section 13 of the German Civil Code) arising from or in connection with this contract (including those concerning its validity) and all individual call-off orders, Berlin is deemed to be the agreed place of jurisdiction if the consumer does not have his or her general place of jurisdiction in Germany or other EU member states.
If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin is agreed as the place of jurisdiction. This also applies if the buyer is an entrepreneur within the meaning of paragraph 14 of the German Civil Code (BGB).

severability clause
If a provision of this contract is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The same applies if and to the extent that a gap should emerge in this contract. In place of the invalid or unenforceable provision or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to or corresponds to what the contracting parties economically intended or would have wanted according to the spirit and purpose of this contract if they had considered this point. This also applies if the invalidity of a provision is based on a scope of performance or time (deadline or date) provided for in this contract; in such cases, a legally permissible scope of performance or time (deadline or date) that is as close as possible economically to what was intended shall take the place of what was agreed.

11. JACKS Club loyalty program

As part of the JACKS beautyline loyalty program, the customer benefits from numerous advantages that JACKS beauty line grants to loyal private customers.

participation
Participation is open to natural persons aged 18 or over who are registered under  https://jacks-beautyline.com/pages/jacks-club registered. Natural persons who purchase in the web shop as part of their commercial or freelance activities cannot participate in the loyalty program.

The customer can join the loyalty program in the webshop (https://jacks-beautyline.com).

Participation in the loyalty program is voluntary, free of charge and only possible via the webshop. Product purchases made outside of the webshop cannot benefit from the advantages of the loyalty program.

In the event of misuse of the loyalty program, JACKS beauty GmbH is entitled to terminate the respective person's participation in the loyalty program and to cancel the benefits associated with the program.

registration
The customer can register on the website https://jacks-beautyline.com/pages/jacks-club-welcome register by entering his name, email address and password.

After saving the data, a welcome email will be sent to the email address provided during registration. The products and benefits granted by the program can then be viewed at https://jacks-beautyline.com/pages/jacks-club-mitglied be used.

deregistration
The customer can unsubscribe from the program without notice by contacting support@jacks-beautyline.com with an informal written request to unsubscribe. The unsubscribe is processed manually and can take up to 5 working days.
Deregistration from the JACKS Club loyalty program will result in the loss of loyalty points and all benefits associated with the loyalty program.

Advantages
By registering for the JACKS Club loyalty program, the customer has the opportunity to take advantage of numerous benefits, such as exclusive loyalty program products, pre-sales promotions, instant discounts and other benefits presented on the website https://jacks-beautyline.com/pages/jacks-club-mitglied .

The loyalty program products are not available for monetary value, but only for points collected in the loyalty program.

JACKS beauty GmbH reserves the right to change the benefits without notice or consent of the customer.

Conditions
The loyalty program can be terminated by JACKS beauty GmbH. Participants will be informed in advance of such a decision in order to be able to redeem collected loyalty points.

Collected loyalty points are valid for 12 months. The validity is automatically extended by 12 months with every purchase made in the JACKS beauty line online shop.
If loyalty points have lost their validity, they are irrevocably forfeited.

The claim to loyalty points arising from a purchase in the JACKS beauty line online shop can only be guaranteed after a period of 14 days after the order.

instant discount
The instant discount mentioned above under Benefits is not applicable to sets (Set Creator, Basic Sets) and in combination with other discount codes.

12. Recruiting and applicant management

On the basis of Art. 88 GDPR, Section 26 Paragraph 1 in conjunction with Paragraph 8 BDSG, we process your personal data in order to check your suitability for a position (or, if applicable, another vacant position in our company) and to carry out the application process. This check is only carried out to the extent that it is necessary for the decision on establishing an employment relationship with us. Your personal data will always be treated confidentially for the sole purpose of processing the application, i.e. used exclusively for recruiting, hiring and drawing up an employment contract and to support internal job allocation. It is imperative that employees of the HR department and the relevant specialist department have access to your personal data. If the data is required for legal proceedings after the application process has been completed, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular to protect legitimate interests in accordance with Section 6 Paragraph 1 Letter f GDPR. Our interest then lies in asserting or defending claims. The data from your application for a job advertisement will be deleted after 6 months at the latest in the event of a rejection.

In the event that you have consented to further storage of your personal data, we will add your data to our applicant pool. The data will be deleted no later than two (2) years after the last contact. You have the right to revoke your consent at any time with effect for the future.

If you receive a position as part of the application process, the data will be transferred to a personnel file.

As a general rule, we do not pass on your application data to external service providers. However, there may be a legal obligation to pass on the data in accordance with Art. 6 para. 1 sentence 1 lit. c) GDPR.

In exceptional cases (e.g. to reimburse the costs of the application process) we will only pass on your data (e.g. to our house bank) based on your consent.

Once we receive your application, your application data will be reviewed by the responsible HR officer. Suitable applications will then be forwarded internally to the department head responsible for the respective vacancy. The next steps will then be agreed. Within JACKS beauty GmbH, only those people who need your data for the proper execution of our application process have access to it.

13. Digital product advice

As part of joint processing in accordance with Art. 26 GDPR, we have integrated the Woow Club widget on our website for automated product advice. To use the advice, the customer must register with Woow Club GmbH, Pettenkoferstraße 4E, 10247 Berlin, during the process. The customer enters into a user agreement with Woow Club GmbH. To the extent that the customer uses the automated product advice, your data will:

▪ First name

▪ Last name

▪ Email address

▪ Color type tag (we create this tag using the selfie and the information about hair color, eye color, skin tone)

pursuant to Art. 6 Para. 1 lit. b GDPR by Woow Club GmbH.

Our use of the data is based on our legitimate interest in the type-appropriate presentation of our products in accordance with Art. 6 (1) (f) GDPR.

The personal data will be stored for as long as it is necessary to fulfil the purpose of processing. The data will be deleted as soon as it is no longer required to achieve the purpose.

Further information can be found here:

https://woowclub.com/de/dse-joint-responsibility/

14. Digital voucher

The general limitation period applies to digital gift vouchers. They expire three years after the date of purchase.

15. Promotions and free products

JACKS beauty line reserves the right to make changes to promotion details at short notice. The promotional terms and conditions for discounts and free products are only valid while stocks last.