§ 1 Scope, form
(1) The following General Terms and Conditions apply to all contracts concluded with the customer, who is a consumer (hereinafter: “Buyer”), regarding the goods of the company Joachim Bartz Schmuck (hereinafter: “Seller”). According to § 13 BGB, consumers are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.
(2) All agreements made between the Seller and the Buyer in connection with the purchase contract result in particular from these GTC, the written order confirmation and the Seller’s declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to the inclusion
§ 2 Offer and conclusion of contract
(1) The customer shall be bound to an order placed by him for 14 calendar days after dispatch. We are entitled to accept the offer within this period. The time at which our declaration of acceptance is received by the customer shall be decisive for compliance with the deadline. The delivery of the ordered goods shall also be deemed as acceptance.
(2) The customer’s right to revoke the order pursuant to § 8 shall remain unaffected.
(3) We will confirm receipt of your submitted order immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) The presentation and advertising of goods does not constitute a binding offer in the legal sense.
(5) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximately authoritative unless the information contained therein has been expressly designated by us as binding.
(6) If the delivery of the goods ordered by you is not possible, we refrain from a declaration of acceptance. In this case a contract is not concluded
materialize. We will inform you of this immediately and refund any consideration already received without delay.
§ 3 Prices and payment
(1) All prices stated in our price list are final prices excluding VAT. Delivery and shipping costs are charged separately.
(2) The purchase price and shipping costs are due immediately, but at the latest within 14 days of receipt of our invoice without deduction.
(3) Payment shall be made exclusively to the account specified to the customer.
(4) The flat rate shipping fee per order is 10.00 EUR. If you wish an express delivery, a surcharge of 10.00 EUR will be added to the flat shipping rate.
(5) The shipping costs for deliveries abroad are different. These amount to 30.00 EUR.
(6) If we have received your order in accordance with § 5 para. 4 by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(7) If the Buyer defaults on payment, we shall be entitled to charge interest on arrears at a rate of 5% above the current prime rate announced by the European Central Bank, unless the Buyer proves that a lesser loss has been incurred. We reserve the right to claim higher damages for delay.
§ 4 Offsetting and right of retention
You are only entitled to offset against our claims if your claims have been legally established, if we have acknowledged them or if your claims are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 5 Delivery and performance time
1) Our delivery dates or delivery periods are exclusively non-binding information unless they have been expressly agreed between you and us as binding.
(2) Four weeks after exceeding a non-binding delivery date or a non-binding delivery period, you may request in writing to deliver within a reasonable period of time. If we culpably fail to meet a delivery date or delivery period expressly agreed as binding or if we are in default for any other reason, you must grant us a reasonable grace period to effect our performance. If we allow this period of grace to expire fruitlessly, you are entitled to withdraw from the purchase contract.
(3) Subject to the limitations set forth in § 6 below, we shall otherwise be liable to you in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if, as a result of a delay in delivery for which we are responsible, you are entitled to invoke the lapse of your interest in the performance of the contract.
(4) We shall be entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.
§ 6 Rights in case of default and defects; liability
(1) Insofar as the delivered item does not have the quality agreed between you and us or it is not suitable for the use presupposed according to our contract or for the use in general or it does not have the properties which you could expect according to our public statements, we shall be obliged to subsequent performance. This shall not apply if we are entitled to refuse subsequent performance on the basis of the statutory provision.
(2) Subsequent performance shall be effected at your discretion by remedying the defect (rectification) or delivery of new goods. In doing so, you must grant us a reasonable period of time for subsequent performance. You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If we have attempted to remedy the defect twice in vain, it shall be deemed to have failed. If the supplementary performance has failed, you are entitled to reduce the purchase price or to withdraw from the contract at your discretion.
(3) The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(4) You may only assert claims for damages due to a defect if subsequent performance has failed. Your right to assert further claims for damages in accordance with the following paragraphs remains unaffected.
(5) We shall be liable in accordance with the statutory provisions for damage to life, limb and health resulting from a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we shall be liable in accordance with the statutory provisions for other damages based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents. Insofar as the scope of application of the Product Liability Act is opened, we shall be liable without limitation in accordance with its provisions.
We shall also be liable within the scope of a quality and/or durability guarantee, provided that we have given such a guarantee with regard to the delivered item. If damage occurs which is based on the fact that the quality or durability guaranteed by us is missing and if this damage does not occur directly to the goods delivered by us, we shall only be liable for this if the risk of such damage is obviously covered by our quality and durability guarantee.
(6) If a damage due to default or due to a defect is based on the simple negligent breach of an essential contractual obligation, i.e. the simple negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you as purchaser may regularly rely, our liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The same applies if you are entitled to claims for damages instead of performance.
(7) There shall be no further liability claims against us, irrespective of the legal nature of the claims asserted by you against us.
This shall not affect our liability pursuant to paragraph 3 above.
§ 7 Retention of title
The delivered goods remain our property until full payment of all claims arising from this contract.
§ 8 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the Seller informs about in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a sample revocation form.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, the company Joachim Bartz Schmuck, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
– End of the cancellation policy –
(2) The right of revocation shall not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
(3) The provider informs about the model withdrawal form according to the legal regulation as follows:
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
– To [here is the name, address and, if applicable, fax number and
e-mail address of the Contractor to be inserted by the Contractor]:
– I/We (*) hereby revoke the contract concluded by me/us (*)
on the purchase of the following goods (*)/provision of the following services (*).
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
§ 8 9 Copyrights
We have copyrights to all images, movies and text published in our online store. A use of the pictures, films and texts, is not permitted without our express agreement.
§ 10 Data protection
We collect, process and use your personal data, in particular your contact details for processing your order, including your e-mail address, if you provide us with this. In order to check creditworthiness, we may use information (e.g. also a so-called score value) from external service providers to help us make a decision and make the method of payment dependent on this. The information also includes information about your address.
§ 11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.