These General Terms and Conditions (the ‘GTC’) apply to the provision of services by Jennifer Klein Couture, owned by Jennifer Klein, Zeppelinallee 31, 60325 Frankfurt am Main, Germany (hereinafter referred to as ‘Jennifer Klein Couture’) to the respective contractual partner (hereinafter referred to as “Client”) with regard to the manufacture and sale of individual bespoke, made-to-measure and ready-to-wear clothing and accessories (the "Goods”), as well as the provision of alteration and repair services for garments handed over by the client to Jennifer Klein Couture.

 

Any terms and conditions of the client that deviate from these GTC shall not apply. Counter-confirmations by the client with reference to its own terms and conditions of business and/or purchase are hereby expressly rejected. These GTC shall also apply if Jennifer Klein Couture performs services for the client without further reservation in the knowledge of conflicting or deviating terms and conditions of the client.

All agreements made between the client and Jennifer Klein Couture are based on these GTC and an order confirmation in the form of an invoice from Jennifer Klein Couture (the ‘Individual Contract’).

 

Jennifer Klein Couture is entitled to amend or supplement these General Terms and Conditions with one month's notice. The amended or supplemented contractual terms and conditions will be sent to the client at the email address provided by them upon request and can be found on the website www.jenniferkleincouture.com/T&C. We encourage clients to revisit these GTC periodically to ensure that they are at all times fully aware of the GTC. If the client does not object to the amended contractual terms within one month of receiving notification of the changes and continues to use the services offered by Jennifer Klein Couture, the changes shall take effect. Jennifer Klein Couture shall inform the client of their right to object when sending the amended contractual terms. In the event of a declared objection, the contractual agreements will continue under the previous terms and conditions; however, in such a case, Jennifer Klein Couture is entitled to terminate the existing contractual agreements with the client, in which the General Terms and Conditions were included, in the ordinary manner. 

 

Personal Data

We use your personal data as permitted by law, including to process and deliver your orders (whether placed by you or another party), manage payments, and collect money owed to us, manage our relationship with you, including notifying you of your order status and any changes to our policies. In addition to using your data within the company, we may share your data with trusted third parties, such as IT and system administration service providers, delivery and logistics partners and third party payment providers. We use security measures to prevent your personal data from being lost, used, accessed, altered, or disclosed without authorisation. Only staff and partners who need the data will have access, and they are obliged to keep your data confidential.

 

If a data breach occurs, we will notify you and the relevant authorities if legally required. Under German DSGVO, you have rights regarding your personal data to be informed about how your data is used, to access your data, to correct incorrect or incomplete data, to request removal of your data, to restrict  or object to processing. If you wish to exercise any of the rights set out above, please contact us at [email protected], informing us of what personal data you require and why. You will need to provide a proof of identity and address.

 

Documents provided

Jennifer Klein Couture reserves the ownership rights and copyright to all documents provided to the client in connection with the order, such as calculations, drawings, samples, etc. These documents may not be made accessible to third parties unless Jennifer Klein Couture gives the client explicit written consent to do so. Jennifer Klein Couture reserves the right to publish images of completed creations in print and web media.

 

Right of return

When ordering/ purchasing bespoke and made-to-measure clothing, a contract for work and materials within the meaning of the German Civil Code (BGB) is concluded. This means that goods made individually for the client cannot be exchanged, unless there was already a material defect at the time of delivery for which the client is not responsible. Justified complaints regarding measurements and workmanship will be remedied. A general right of exchange or return is not possible due to the custom-made nature of the order. When purchasing non-customised products, such as goods from the pret-a-porter line, Jennifer Klein Couture offers a 20-day right of exchange. A cash refund is not possible.

 

Prices

The prices individually agreed between Jennifer Klein Couture and the client apply. The prices applicable to individual goods depend, among other things, on the working time, the desired size and the quantity and type of materials required. An order can be paid for in full in advance, otherwise the payment terms stated on the invoice apply. Deposits are non-refundable. In the case of particularly exclusive fabrics such as vicuña, lace or custom-made items, individual arrangements apply due to the high material costs, which are stated on the invoice.

 

The client can make payment in advance by bank transfer or credit card. In the case of payment in advance, payment must be made within seven days of the order being placed. Jennifer Klein Couture reserves the right to exclude certain payment methods in individual cases. The client's payment obligation remains unaffected in the event of loss of the goods after transfer of risk to the client for which Jennifer Klein Couture is not responsible. When paying by credit card, the client consents to the transfer of the data required for invoicing to the payment processor and accepts the general terms and conditions of the payment processor.

 

Delivery and shipping costs

All goods can be collected from the atelier by prior appointment. The earliest possible collection date for custom-made items will be agreed individually and stated on the invoice. Under certain circumstances, it may be possible to bring forward the collection date, but only after consultation and at an additional cost. If you are collecting the goods yourself, Jennifer Klein Couture will inform you by email or telephone as soon as the goods are available for collection.

 

Upon request, Jennifer Klein Couture will ship all goods with an insured shipping option. The costs for this shall be borne by the client. The risk of accidental loss and accidental deterioration of the goods shall pass to the client at the latest upon handover or, in the case of shipping, upon dispatch. 

 

Alteration service and repair of garments

For reasons of hygiene, Jennifer Klein Couture requests that only previously cleaned garments be altered. All alteration offers are subject to change and do not oblige Jennifer Klein Couture to accept the order as agreed with the client and thus also carried out. Therefore, Jennifer Klein Couture excludes any liability for dissatisfaction with repaired clothing. Jennifer Klein Couture accepts no responsibility for items whose length has been altered at the client's request. Jennifer Klein Couture alters clothing according to the measurements provided by the client and therefore accepts no liability for ill-fitting clothing. Jennifer Klein Couture points out that subsequent alterations are possible. The assumption or sharing of costs is determined on a case-by-case basis. 

 

Warranty, liability and notification of defects

The statutory warranty period applies to non-customised goods. If delivered items have obvious manufacturing or material defects, these must be reported by the client to Jennifer Klein Couture. For all defects in an item that occur during the statutory warranty period, the statutory claims for subsequent performance and rectification of defects apply. If the delivered goods do not have the quality agreed between the client and Jennifer Klein Couture, Jennifer Klein Couture is obliged to provide subsequent repairs/ alterations. This does not apply if Jennifer Klein Couture is entitled to refuse subsequent work on the basis of statutory provisions. The client first has the choice of whether subsequent work should take the form of repair or replacement. However, Jennifer Klein Couture is entitled to refuse the type of subsequent work chosen by the client if it is only possible at disproportionate cost and the other type of subsequent work does not entail any significant disadvantages for the client. During subsequent work, the client is not entitled to reduce the purchase price or withdraw from the contract.

 

Jennifer Klein Couture shall not be liable if goods manufactured to client’s specifications do not fit. Jennifer Klein Couture shall only be liable for inaccuracies in fit if Jennifer Klein Couture itself took the measurements for the goods to be manufactured. Claims for damages by the client are excluded. This does not apply to claims for damages by the client arising from injury to life, limb or health, or liability for other damages based on intentional or grossly negligent breach of duty by Jennifer Klein Couture or its vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The restrictions in the preceding paragraphs also apply in favour of Jennifer Klein Couture's vicarious agents if claims are asserted directly against them. 

 

Retention of title

All goods remain the property of Jennifer Klein Couture until full payment of the invoice amount owed for the goods, including all ancillary costs. The goods subject to retention of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The client must notify Jennifer Klein Couture immediately in writing if and to the extent that third parties have access to the goods.

 

In the event of breach of contract by the client, in particular non-payment of the purchase price or the remuneration for work or advance payments due, Jennifer Klein Couture is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the client does not pay the purchase price or the remuneration for work due, Jennifer Klein Couture may only assert these rights if the client has previously been set a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.

 

Assignment, offsetting and right of retention

Claims arising from the contractual relationship may only be assigned by the client with the prior, express and written consent of Jennifer Klein Couture. The client is only entitled to offset claims against Jennifer Klein Couture if their counterclaims have been legally established, Jennifer Klein Couture has recognised these claims or if the client's counterclaims are undisputed. This also applies if the client asserts complaints or counterclaims. However, the client may exercise a right of retention only if their counterclaim is based on the same purchase or work contract.

 

Delayed collection

Jennifer Klein Couture accepts no liability for altered or ordered garments that are not collected within three months and is released from any further storage obligations.

 

General

Should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions.

 

Governing Law

The place of performance and jurisdiction is Frankfurt am Main, Germany.