Terms and Conditions

1. General and scope

The following terms and conditions apply to all between their jewelery, C. Victoria Zimmermann, Orangeriestr. 5, 40213 Düsseldorf, Tel.: +49 (0) 174 2113483, mail@ihrschmuck.com (operator of the online shop www.ihrschschmuck.com - the following "seller") and the buyer concluded contracts about the delivery of goods in the Way of distance selling at her jewelry.com. Conflicting or deviating terms and conditions of the buyer not shown here does not recognize the seller and hereby expressly contradicts them. Deviating terms and conditions of the buyer, complementary agreements and / or side agreements are only valid if the seller is expressly and at least in text form. The statutory provisions for the priority of the individual agreements remain unaffected.

In these terms and conditions, sometimes different regulations for consumers and entrepreneurs are made.

Consumers are according to § 13 Civil Code ("BGB") Any natural person who concludes a legal transaction for purposes, which are predominantly not attributed to neither their commercial nor their independent professional activity.

According to § 14 BGB, entrepreneurs is a natural or legal person or a legal partnership, which is the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. A legal partnership is a partnership that is equipped with the ability to acquire rights and to enter liabilities.

 

2. Offer and contract

2.1. The seller's offers at your Jewelery.com are non-binding catalog offers. The buyer can put one or more goods in the virtual shopping cart. From there he reaches by clicking on the button "checkout" in the checkout. After entering the personal information necessary for the order and other information necessary for the execution of the order, the buyer gives a binding offer for the purchase of the product by clicking on the field "order to be ordered" as the last step of the order process. The buyer has the opportunity to review his entries before the final click on the field "order payment" again and to change optionally. For this purpose, it can be obtained by clicking on the respective of the six (6) summary order steps to the corresponding page of the order processing and change the respective information.

2.2. If the buyer completed the order process, the seller confirms the receipt of the order immediately by e-mail. This confirmation of access is not yet a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of goods by the seller. The order confirmation will be sent to the buyer by e-mail. If the buyer will not receive an order confirmation or delivery within three (3) days, he is no longer bound to his order.

3. Prices

3.1. The specified prices of the seller are excluded upon delivery within Germany including the valid VAT, e.g. Time 19%.

3.2. When sending the goods, the reported shipping costs incurred. These are by clicking the left "plus. Shipping costs "at the respective offer as well as under the heading shipping and delivery.

4. Delivery

4.1. The delivery time can be found in the respective product information. Please also note the instructions in paragraph 9g.

4.2. The seller is entitled to partial delivery, as far as this is reasonable for the buyer. For consumers, this also applies only if not by the partial delay or the partial delivery his interest in the entire contract has continued. The burden of proof as well as for the reasonableness lies in the dispute with the seller. For partial deliveries, additional shipping costs only if this was expressly agreed. As partial delivery within the meaning of these conditions, only the delivery of an order in several partitions / pieces applies. For other partial services, the seller is not entitled to buyer without prior explicit agreement.

4.3. If the buyer is consumer, the seller bears the shipping risk, regardless of the shipping method, the shipping risk, unless the buyer has commissioned the freight forwarder, the carrier or the otherwise for the execution of the dispatch certain person or institution with the execution, without him The seller previously called this person or institution.

4.4. If the buyer is entrepreneur, all risks and dangers of shipment go to the buyer as soon as the goods have been handed over by the seller to the commissioned logistics partner.

5. Terms of payment

5.1. The buyer has different payment methods available. For payment methods Payment in advance, PayPal and credit card, the payment is due immediately upon conclusion of the contract.

5.2. The costs incurred by a certain payment method can be found in the overview of payment methods.

6. Warranty / liability

6.1. With regard to material defects liability (warranty), the statutory provisions apply. The buyer is a legal improper liability law.

6.2. For contracts with entrepreneurs or legal persons of public law, the following applies:

1. The material defect claims of the buyer expire 12 months after transfer of risk.
2. Obvious defects must be displayed within a period of 14 days, otherwise they are considered approved. Missing amounts can be communicated within four (4) days.
3. If the business for both sides is a trading business, the buyer has deviating from paragraph b. To comply with the obligations of § 377 HGB, so the goods immediately after delivery by the seller, as far as this is due to the proper business transaction and, if a defect or a shortfall is shown, to provide the seller immediately. In the case of failure or late, i. Not immediate, advertisement, the goods shall be deemed approved. Hidden defects must be notified immediately after their discovery, otherwise they are also considered to be approved in the case of failure or late ad.
4. In the case of a lack of the purchased item, the seller is entitled according to his election to supplementary performance in the form of repair or the delivery of a defect-free item. The buyer has a reasonable deadline for the seller, depending on the actual circumstances of the individual case, but not less than 7 days, for the supplementary performance. The seller has to bear the expenses required for the purpose of supplementary performance, in particular transport, ways, work and material costs. In the case of supplementary performance, the seller bears the necessary expenses only up to the amount of the purchase price.
5. If the repair fails within the meaning of § 440 BGB, the buyer can request resignation or reduction according to his choice.
6. Further claims of the buyer, in particular due to consequential damages, are excluded. Unaffected liability for damages arising from the violation of life, body or health, as well as other damages, which are based on a negligent or grossly negligent breach of duty of the seller or an intentional or negligent breach of duty of a legal representative or vicarious agent. The unlimited liability also applies to infringement of contractual important duties, ie such contractual obligations, on their fulfillment of the buyers permanently and trust. Incidentally, liability is limited to the damage which is typically underlying these Terms and Conditions.
7. Liability according to the Product Liability Act remains unaffected.
8. The statutory limitation period within the framework of a delivery regression according to §§ 478.479 BGB remains unaffected.

7. Retention of title

The delivered goods remain the property of the seller until full payment of the purchase price.

8. Cancellation policy for consumers (§ 13 BGB)

8.1. Consumers (see point 1 above) have the following right of revocation.

Right of withdrawal / cancellation policy

Consumers have the following legal right of withdrawal.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is 14 days from the date on which you or a third party named by you, who is not the carrier, have taken the last goods owned.

To exercise your right of withdrawal, you need to us, your jewelry C. Victoria Zimmermann, Orangeriestr. 5, 40213 Düsseldorf, Tel.: +49 (0) 174 2113483, mail@ihrschschmuck.com (operator of the online shop www.ihrschmuck.com) by means of a clear explanation (eg a letter, fax or e- Mail) informed about their decision to revoke this contract. You can use the attached pattern withdrawal form, but not prescribed. To maintain the cancellation period, it is sufficient that you will send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.

Consequences of the revocation

If you revoke this contract, we have all the payments we received from you, including the delivery costs (except for the additional costs arising from the fact that you choose a different kind of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the date to which the notification of their revocation of this contract has been received by us. For this repayment, we use the same means of payment, which you have used in your purchase of the goods, unless we have expressly agreed otherwise with you; In no case will you be charged charges due to this repayment. We can refuse repayment until we have completely returned the goods to or until they have provided proof that they have returned the goods completely, depending on which the earlier date is.

You have the goods immediately and in any case at the latest within 14 days from the date to which you teach us about the revocation of this Treaty, to us back to us. The deadline is maintained if you send the goods before the deadline of 14 days.

They carry the immediate costs of the return of the goods.

They only have to pay for any loss of value of the goods if this loss of value is due to a handling of them not necessary for testing the nature, characteristics and functioning of the goods.

End of revocation

Pattern revocation form

 

(If you want to revoke the contract, please fill out this form and send it back.)

- Your Jewelry C. Victoria Zimmermann, Orangeriestr. 5, 40213 Dusseldorf, mail@ihrschschmuck.com

- I hereby revoke (n) I / we (*) the contract concluded by me / us (*) on the purchase of the following goods (*) / the provision of the following service (*)

-Parted AM (*) / Get AM (*)

-Name of the consumer (s)

Address of the consumer (s)

- Signature of the consumer (S) (only for message on paper)

-Date

_______________

(*) Stroke inappropriate.

8.2. The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for their production an individual selection or determination by the consumer is decisive or tailored to the personal needs of the consumer.

9. Information for consumers in distance selling contracts and customer information for contracts in electronic commerce
10. a) We are not subject to special behavioral codes.
11. b) You can check any transmission or input errors by clicking on the respective of the six (6) order steps and retrieving the data stored there before completing your order and optionally change or delete.
12. c) The key features of the goods offered by the seller as well as the period of validity of temporary offers can be found by the buyer of the individual product descriptions within the framework of the Internet offer.
13. d) The language available for the contract is exclusively the German language.
14. e) Complaints and warranty claims can submit the buyer under the address specified in the provider marking, by fax or e-mail to mail@ihrschschzuck.com.
15. f) The contracting text can save the buyer by clicking on the right mouse button of his browser on his computer or print it over the print function of its browser. The contract text (consisting of the order data and the terms and conditions) is also stored by the seller and sent to the buyer by e-mail after conclusion of the contract.

The buyer can no longer see the buyer as unregistered customer the order data for safety reasons after completion of the customer. Buyers who are registered customers have the opportunity to view their previous orders under the menu item "My Account" and there at "My Orders".

1. g) Information on payment and payment methods, delivery or fulfillment can take the buyer to the respective offer. In addition, the buyer finds further information under the Rubric Shipping and Delivery [MB2] . The delivery period begins with payment in advance with the day following the payment assignment of the buyer, with all other payment methods with its order. If the last day of the deadline falls to a Sunday or public holiday, the following working day enters the place of the time limit.
2. h) Complaints procedure via the OS platform: Consumers have the opportunity to put this link in disputes (?????????) to bring about an extrajudicial dispute resolution on the European OS platform.
3. Final regulations, other

10.1. On the contractual relationship between the seller and the buyer and the respective terms and conditions only the law of the Federal Republic of Germany applies. The use of UN sales law is excluded.

If the buyer is consumer, the applicable legislative regulations and rights of this agreement exist in accordance with the right of the country of residence of the buyer remain unaffected by this Agreement.

10.2. The exclusive place of jurisdiction is the court of the Seller's place of directors, insofar as the buyer is a merchant within the meaning of the Commercial Code ("HGB") or a public corporation. The seller has the right to sue at the registered office of the buyer.

10.3. If individual provisions of the contract concluded with the buyer and / or these terms and conditions are not in whole or in part not losing legal or losing their legal validity later, the validity of the contract is otherwise not affected. The legal regulation occurs in the place of the whole or partial ineffective determination.