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General Terms & Conditions of Service

1. General Provisions



1.1. These General Terms of Sale (hereinafter referred to as the "General Conditions") apply to all mail orders of JK7® Luxurious Natural Skin Care products (hereafter referred to as the "Product" or "Products") available on the website www.JK7SkinCare.com (hereinafter referred to as "Website").

1.2 The mail-order sale of products governed by these General Provisions may only involve consumers (hereinafter referred to as "customers" or "customer") who are adult legal persons and not acting in connection with their business or profession.

1.3 The language of the contract when concluding a purchase agreement via this website is in English.

1.4 Customers must read these terms and conditions carefully. The terms and conditions are available on the website for customers to confirm, save and retrieve. JK7 SPA & WELLNESS GmbH will send the customer a copy of the general conditions. JK7 SPA & WELLNESS GmbH will archive the purchase contracts concluded with the customers during the legally prescribed retention period.



2. Determination of the seller


2.1 The seller is JK7 SPA & WELLNESS GmbH, based in Woelfnitz 4, am Jellenkogel, A-9112 Griffen, Austria, UID number ATU 68118155, Commercial Register: 401726z.


3. Information about the products and their availability


3.1 Information on the products (and the corresponding product number) and the relevant prices can be found on the website.

3.2 The products on the website represent a selection of the products normally available in retailer shops; However, JK7 SPA & WELLNESS GmbH does not guarantee the customer that the products available on the website are also available in retailers' shops. The images of the products displayed on the website may differ from the actual appearance of the products for technical reasons; the customer may therefore rely solely on the description of the products and their features on the website.

3.3 JK7 SPA & WELLNESS GmbH reserves the right to limit the quantity and / or type of products available on the website at any time. During the purchase process, an automatic response informs the customer whether an order cannot be completed due to unavailability of the ordered product; JK7 SPA & WELLNESS GmbH is not liable to the customer due to the unavailability of a product before conclusion of the contract.
3.4 You may purchase up to six (6) items per individual article, except when otherwise indicated on the product page on the Site. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time. 

3.5 Under no circumstances will JK7 SPA & WELLNESS GmbH be held liable for any errors resulting from a poor connection between the customer's device and the website.



4. Prices


4.1 Product prices on the website are quoted in Euros and include applicable taxes and fees. For the product price, the shipping costs are added, which are shown separately on the order confirmation.

4.2 JK7 SPA & WELLNESS GmbH regularly checks whether the product prices stated on the website are correct, but cannot rule out mistakes. If an error is discovered in a product price, JK7 SPA & WELLNESS GmbH rejects the order and offers the customer the opportunity to purchase the product at the right price. If the error is discovered only after acceptance of the order, JK7 SPA & WELLNESS GmbH also offers the customer the possibility to cancel the order.

5. Conclusion 


5.1 The main features and the price of the products are displayed on the website. The information on the website does not constitute an offer by JK7 SPA & WELLNESS GmbH.

5.2 Before placing an order on the website, the customer should read carefully all instructions that appear during the purchase process (including shipping costs, cancellation conditions and privacy policy), as well as these terms and conditions. 
5.3 In order to purchase a product, the customer must (1) place the selected product in the "shopping cart" by clicking on the corresponding button, (2) fill out the order, (3) select the payment method, (4) accept the terms and conditions and (5) send the order offer via the website to JK7 SPA & WELLNESS GmbH.

5.4 Sending the order constitutes an offer to purchase the selected product (s), which is governed by these terms and conditions and is binding to the customer (without prejudice to its right of withdrawal). The sending of the order offer by the customer obliges her/him to pay the price of the ordered product (s).

5.5 The customer may change or correct any information she/he makes in the order offer, following the procedure described on the website, before sending the order offer (for example, the customer may change the number of products she/he intends to buy by adding or removing one or more products to the "shopping cart").

5.6 Without prejudice to the use of data as described in the Privacy Policy, JK7 SPA & WELLNESS GmbH may retain the order offer and the related customer data during the statutory period.

5.7 JK7 SPA & WELLNESS GmbH may reject an order offer within its own discretion within 30 days (provided that the customer then owes JK7 SPA & WELLNESS GmbH no remuneration - except, if applicable, the amounts mentioned in point 6), for example:
(i) if the products are not available (without prejudice to the provision in point 3.3), or
(ii) in the case of reported or suspected fraudulent or unlawful activities, including when purchases for commercial purposes are suspected;
(iii) if customer has failed to fulfill its obligations under a previous contract with JK7 SPA & WELLNESS GmbH.

5.8 The conclusion of the contract between JK7 SPA & WELLNESS GmbH and the customer occurs as soon as the customer receives JK7 SPA & WELLNESS GmbH's acceptance of her/his order offer which she/he had sent via the website. JK7 SPA & WELNNES GmbH's acceptance (or rejection) will be send to the customer via e-mail, to the address specified by the customer in the order offer ("order confirmation").

5.9 If one or more products are unavailable, the customer will receive an e-mail informing them of the unavailability of the products. In this case, the order offer is either canceled in whole or in part, namely only with regard to the available products accepted. In case of partial acceptance of an order offer, the customer only pays the price of the available products (or, if paying by credit card, only the price of the available products will be charged to her/him).

5.10 The order confirmation includes a summary of the essential characteristics of the products purchased, an exact price and method of payment, shipping information, information about the conditions and modalities of the exercise of the right of withdrawal, the address to which complaints are to be made, customer care and existing terms and conditions and a copy of these General Conditions.

5.11 The risk of loss or damage of the products is transferred to the customer as soon as the latter (or a third party specified by the customer except the freight forwarder) takes possession of the product.



6. Payment



6.1 The customer pays the price of the products listed in the order offer as well as the corresponding shipping costs either by credit card or by PayPal.

6.2 JK7 SPA & WELLNESS GmbH accepts the following Credit Cards:
Visa;
MasterCard;
American Express;

6.3 The customer's credit card will only be charged after: (i) checking the credit card data, (ii) obtaining authorization to debit the credit card from the customer's credit card provider and (iii) Confirmation of availability of the product by JK7 SPA & WELLNESS GmbH.

6.4 At the time of sending the order confirmation, the full amount according the order confirmation will be charged to the credit card provided by the customer.



7. Transportation and Delivery



7.1 The products must be delivered to the address specified by the customer in the order offer. Upon delivery, the signature of the customer (or a named representative) is required. Should the package be picked up at the courier’s location, the courier might ask for the presentation of an ID card from the person picking up the package. JK7 SPA & WELLNESS GmbH does not deliver to mailboxes.

7.2 For each order, JK7 SPA & WELLNESS GmbH will charge the customer for the products in accordance with applicable laws and regulations. Invoicing is based on the data provided by the customer when ordering. After invoicing, no invoice changes are possible.

7.3 The customer bears the shipping costs. These are shown separately on the order and invoice.

7.4 The purchased products are delivered by a courier company chosen by JK7 SPA & WELLNESS GmbH, without any guarantee for the choice of the fastest and cheapest delivery (hereinafter: "courier"); they will be delivered on weekdays (excluding Saturdays, Sundays and local or national holidays) within 20 (twenty) days from the date of the order confirmation (except in the case of force majeure or unforeseen circumstances). If the delivery is not made within the timeframe specified above, the customer may, by e-mail to [email protected] grant an additional period of 7 (seven) days (or, if applicable, another period of grace, which shall be deemed to be applicable, lawful or appropriate under the circumstances) for the delivery of the product. In the event of non-compliance with this period, the customer is entitled to terminate the contract and JK7 SPA & WELLNESS GmbH is obliged to reimburse immediately all amounts paid under the contract.

7.5 Upon delivery of the Products by the Courier, the customer (or a named agent) must verify:
(i) that the number of delivered pieces also corresponds to the number stated on the invoice, and
(ii) that the packaging and its content is intact, undamaged and not wet and have not been altered in any way.

Damage to the packaging and / or the product or deviations in the number of pieces or the documents must be noted immediately in writing on the delivery note of the courier. To the extent permitted by applicable law, the customer may not object to the appearance of the delivered package after having signed the receipt of the package for the courier, provided that the customer subsequently raises objections to other product features in accordance with the terms set forth in point 11 below. 



8. Shipping and Delivery Confirmation



8.1 JK7 SPA & WELLNESS GmbH will send to the customer via e-mail a shipping confirmation as soon as the products have been shipped, as well as another e-mail notification once the products have been delivered.



9. Packaging



9.1 The products purchased through the website are delivered in the same standard packaging by JK7 SPA & WELLNESS GmbH as products purchased from a Retailer Shop.



10. Right of withdrawal for consumers as well as its consequences according to KSchG and FAGG

10.1 According to § 11 FAGG, the Customer has the right to take possession of the products - or the last product in case of a partial delivery - within 14 (fourteen) days from the date on which she/he (or his duly authorized representative to receive the products) to revoke the contract without giving any reason.

10.2 In order to exercise her/his right of withdrawal, the customer must inform JK7 SPA & WELLNESS GmbH with a clear statement (such as a letter by post, fax or e-mail) of her/his decision to withdraw from the contract. The revocation does not require a specific form. Therefore, within the timeframe mentioned in point 10.1 above, the Customer may send the following by e-mail or ordinary mail:

• a statement of her/his intention to exercise her/his right of withdrawal according to § 11 FAGG. This declaration must contain the following information: (i) the product in respect of which the customer wishes to exercise his right of withdrawal and (ii) the order number; .

The revocation declaration must be sent to the following address:

JK7 SPA & WELLNESS GmbH
Woelfnitz 4, am Jellenkogel
A-9112 Griffen, Austria
[email protected]


10.3 The customer must return the purchased product to JK7 SPA & WELLNESS GmbH (Returns), Woelfnitz 4, Jellenkogel, A-9112 Griffen, Austria within 7 (seven) days of the cancellation. The deadline is met if the customer ships the goods before this period expires. The customer bears the direct costs of returning the product to JK7 SPA & WELLNESS GmbH. The customer is liable only for the depreciation of the products through a use that goes beyond what is necessary to determine the nature, characteristics and function of the products. For this reason, the customer may not remove any label (s) and box (s) from the product.

10.4 JK7 SPA & WELLNESS GmbH will reimburse the customer all amounts paid by her/him, except for the shipping costs incurred, within 7 (seven) days after receipt of the products. JK7 SPA & WELLNESS GmbH will make the refund using the same payment method used by the customer for the original transaction, unless expressly agreed otherwise and provided that no costs are incurred by the customer as a result of such refund.





11. Warranty



11.1 If a product sold by JK7 SPA & WELLNESS GmbH has a production defect or a defect, the customer will contact the online support via e-mail or the usual postal address:

JK7 SPA & WELLNESS GmbH
Woelfnitz 4, am Jellenkogel
A-9112 Griffen, Austria
[email protected]

This is to serve only the faster and more efficient processing of possible claims for defects. A breach of this obligation does not lead to any limitation of the customer's statutory warranty rights.

11.2 If the customer requests a replacement of the product due to defectiveness, JK7 SPA & WELLNESS GmbH will bear the costs of returning the product to be converted and the cost of delivering the product that has been replaced.


12. Guarantee of Authenticity and Intellectual Property Rights


12.1 JK7 SPA & WELLNESS GmbH guarantees the authenticity of all products purchased through the website. JK7® Luxurious Natural Skin Care products are handmade in Hawaii and are therefore rightly labeled MADE IN HAWAII.

12.2 The brand "JK7®" together with the registered trademarks for goods and services contained in our products and / or packaging, as well as trademarks consisting of product brochures, together with all copyrighted illustrations, Images and objects that are the subject of intellectual property rights and copyright and all intellectual property rights remain the exclusive property of JK7 SPA & WELLNESS LLC company in the United States.

13. Limited Liability

13.1 JK7 SPA & WELLNESS GmbH shall not be liable for any indirect, incidental, special or consequential damages, loss of data, profits, or revenue, or cost of cover, or any similar or other damages arising from the use of the site or the purchase of any product. the previously mentioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, strict liability and negligence), or any other legal theory, even if JK7 SPA & WELLNESS GmbH was advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of JK7 SPA & WELLNESS GmbH to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the site or Euro 150.00 (one hundred and fifty Euros).

14. Governing Law and Jurisdiction


14.1 These General Terms and Conditions and therefore also the contracts concluded with customers are subject to the substantive law of the Republic of Austria (including the General Civil Code, "ABGB", the Consumer Protection Act, "KSchG" and the Distance and Agencies Act, "FAGG") and should be interpreted accordingly for consumers, this choice of law applies only to the extent that the legal provisions of the EU Member State in which the consumer has his habitual residence do not preclude it.

14.2. Disputes arising out of these General Terms and Conditions shall be assigned to the jurisdiction of the competent court of residence of JK7 SPA & WELLNESS GmbH.

15. Contact



15.1 For further information and assistance with the website or online purchase, the customer may contact JK7 SPA & WELLNESS GmbH by writing to the following address:
JK7 SPA & WELLNESS GmbH
Woelfnitz 4, am Jellenkogel
A-9112 Griffen, Austria
[email protected]

Last updated: November 2018

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