General Terms and Conditions

Contract terms within the scope of sales contracts concluded via the platform

between

 

Burkhard Müller Schmuck GmbH

Mauritiusstrasse 40-46

76761 Rülzheim

Tel.: +49 (0)7272-9298-0

e-mail: webshop@diamonfire.de 

info@burkhard-schmuck.de 

Registered in the commercial register of the local court (Amtsgericht) of Landau (Germany)

Under register number HRB No. 1725, represented through VAT ID no. DE 223 887 526 according to § 27, tax number 41-650-1184-3

- hereinafter referred to as the “Vendor“ -

and

the customers specified in § 2 of the contract - hereinafter referred to as the “Customer“.

§ 1 Scope, definitions

(1) For the business relationship between the webshop vendor (hereinafter referred to as the “Vendor“) and the customer (hereinafter referred to as the “Customer“) the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively. Any deferring terms of the orderer are not accepted unless the Vendor agrees expressly in writing that they apply.

(2) The Customer is regarded as a consumer to the extent the purpose of the ordered deliveries and services cannot mainly be assigned to his commercial activities or professional freelance activities. On the other hand an entrepreneur is each natural or legal person or partnership with legal capacity that acts, at the time of the conclusion of the contract, in the exercise of his/its commercial or professional freelance activities. 

(3) The images or drawings contained in our brochures, advertisements or other offering documents are only approximately decisive unless we have expressly designated the indications contained therein as binding.

§ 2 Conclusion of the contract

(1) The Customer can select products from the assortment of the Vendor, especially pieces of jewellery, and collect these in a so-called shopping cart via the button “View the shopping cart“. Via the button “Send order“ the Customer makes a legally binding offer to buy the goods in the shopping cart. Before sending the order the Customer can change the data and inspect them at any time. However, the offer can only be submitted and transmitted if the Customer accepts these contract terms by clicking the button “I have read and accepted the General terms and conditions of your shop.“ and has so included them in his offer.

(2) The Vendor then sends an automatic confirmation of receipt of the order per e-mail to the Customer in which the Customer’s order is again shown and which can be printed-out by the Customer with the function “Print“. The automatic confirmation of receipt of the order documents only that the Customer’s order has been received by the Vendor and is not the acceptance of the offer. The contract will only be concluded through the submission of the declaration of acceptance by the Vendor which is sent with a separate e-mail (confirmation of the order). In this e-mail or in a separate e-mail, but at the latest when the merchandise will be delivered, the text of the contract (consisting of order, General Terms and Conditions and confirmation of the order) will be sent by us to the Customer on a permanent data carrier (e-mail or paper outprint) (confirmation of contract). The text of the contract will be filed maintaining data protection.

(3) The conclusion of the contract is made in German language.

§ 3 Delivery, availability of goods

(1) The delivery times indicated by us are calculated starting from the time of our confirmation of the order, provided that the price has been paid previously. If no delivery time or no other delivery time is indicated for the relevant merchandise in our online shop, the delivery time is at least 8 working days after receipt of payment.

(2) If at the time of ordering no specimens of the product the Customer has selected are available, the Vendor informs the Customer immediately about this in the confirmation of the order. In case the product is permanently not deliverable the Vendor abstains from giving a declaration of acceptance. In this case no contract has been concluded.

(3) If the product indicated by the Customer in the order is only temporarily not available the Vendor informs the Customer also immediately about this in the confirmation of the order. In case of a delivery delay of more than two weeks the Customer is entitled to withdraw from the contract. The Customer’s legal right of withdrawal (see § 9 of these contract terms) will not be affected therefrom. Furthermore, in this case also the Vendor is entitled to rescind the contract. In this case he will immediately reimburse any possible payments already made by the Customer.

(4) There are the following delivery limitations: The Vendor delivers only to Customers who have their usual place of residence (invoice address) in one of the following countries and are able to indicate a delivery address in the same country: Germany, Austria, Switzerland.

(5) We are entitled to make partial deliveries and partial performances at any time, to the extent this is reasonable for you.

§ 4 Reservation of ownership

The delivered goods remain the property of the Vendor until they will completely be paid.

§ 5 Prices and shipment costs

(1) All prices indicated on the website of the Vendor are to be understood including the applicable statutory value added tax.

(2) The corresponding shipping costs are communicated to the Customer in the order form and must be borne by the Customer unless the Customer exercises his right of withdrawal.

We ask you to send the merchandise back to us in its original packaging.

(3) The shipment of the merchandise is carried out through sending it by mail. The shipping risk is borne by the Vendor if the Customer is consumer.

(4) In case of a withdrawal the Customer has to bear the direct costs of the sending back.

(5) For retail and wholesale customers, shipping costs are calculated according to the size and weight of the shipment.

§ 6 Modalities of payment

(1) The Customer can make the payment by PayPal, prepayment or gift vouchers.

(2) Customer can change the payment method saved in his user account at any time.

(3) The payment of the purchase price is due immediately after the conclusion of the contract. If the due date for the payment is determined according to the calendar the Customer will already be in default through missing the deadline for payment. In this case he must pay to the Vendor default interest of 5 per cent above the base interest rate.

(4) The obligation of the Customer to pay default interest does not exclude the Vendor’s claims of any further damages caused by the delay.

§ 7 Warranty for material defects, guarantee

(1) The Vendor is liable for defects according to the applicable statutory provisions, especially §§ 434 et sqq. of the German Civil Code (Bürgerliches Gesetzbuch - BGB)

(2) If the Customer is an entrepreneur, he has a warranty period for merchandise of 12 months delivered by the Vendor.

(3) Any additional guaranty for the merchandise delivered by the Vendor is only given if this is expressively indicated in the order confirmation concerning the relevant article.

§ 8 Liability

(1) Any claims of the Customer for damages are excluded. Excluded therefrom are claims of the Customer for damages because of injury to life, body or health or arising from the violation of essential contractual obligations (cardinal duties) as well as the liability for any other damages that were caused by an intentional or grossly negligent violation of obligations through the Vendor, his legal representatives or vicarious agents. Essential contractual obligations are such duties the fulfilment of which is necessary for the reaching of the objective of the contract.

(2) In case of violation of essential contractual obligations the Vendor is only liable for foreseeable damages typical for such contracts if such damages have been caused by simple negligence, unless any damage claims of the Customer arising from any injury to life, body or health are concerned.

(3) The restrictions of the paragraphs 1 and 2 are also applicable in favour of the legal representative and the vicarious agent of the Vendor if claims are asserted directly against those.

(4) The provisions of the German product liability law (Produkthaftungsgesetz) remain unaffected.

§ 9 Instructions regarding the cancellation policy

(1) Consumers have generally a statutory cancellation right about which the Vendor informs the consumers according to the following legal model. The exceptions from the right of cancellation are specified in paragraph (2). In paragraph (3) there is a model cancellation form.

Instructions regarding the cancellation policy

 

Cancellation right

You have the right to cancel this contract within fourteen days without indicating reasons.

The cancellation period is fourteen days from the day on on which you or a third party denominated by you that is not the carrier have/has taken the merchandise into possession.

In order to execute your right of cancellation you must inform us, Burkhard Müller Schmuck GmbH, by means of an unambiguous declaration (e.g. through a letter sent by mail, a fax or an e-mail) that informs us about your decision to cancel this contract. You can use for this purpose the attached model cancellation form which is, however, not obligatory.

In order to meet the deadline for timely cancellation it is sufficient if you send the declaration concerning the execution of the right of cancellation before the end of the cancellation period.

 

Consequences of the cancellation

In case you cancel this contract we must pay back to you all payments we have received from you including the costs of the shipment, immediately and at the latest within fourteen days from the day on on which the declaration concerning your cancellation of this contract has been received by us. For this repayment we will use the same payment method you have used for the initial transaction unless a different procedure was expressly agreed with you. In no case you will have to pay any fees for this repayment.

We can refuse the repayment until we have got back the merchandise.

You must sent back to us or convey the merchandise immediately and in any case at the latest within fourteen days from the day on on which you have informed us about the cancellation of this contract. The deadline is met if you have dispatched the merchandise before expiry of the period of fourteen days.

You bear the direct costs of the resending of the merchandise.

You have only to pay compensation for any potential loss of value of the merchandise if this loss of value is caused by a handling of the merchandise that is not necessary for the checking of the quality, properties and functioning of the goods.


(3) The Vendor informs about the model cancellation form according to the statutory provisions as follows:(2) The right of cancellation does not exist in the case of contracts regarding the delivery of sound or video recordings or computer software in a sealed packaging if the sealing was removed after the delivery.

Model cancellation form  

 

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

 

To

Burkhard Müller Schmuck GmbH

Mauritiusstrasse 40-46

76761 Rülzheim, Germany

Tel.: 0049 (0)7272-9298-0

Fax: +49(0)7272-9298-88

e-mail: rueckgabe@diamonfire.de

 

Herewith I/we cancel the contract concluded by me/us concerning the purchase of the following goods/provision of the following service

—Ordered on ________________/ received on _________________

—Customer number/ Invoice number

—Name of the consumer(s)

—Address of the consumer(s)

—Signature(s) of the consumer(s) (only in the case of notice in paper form)

—Date

 


§ 10 Final provisions
 

(1) For contracts between the Vendor and the Customers the laws of the Federal Republic of Germany apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions concerning the restriction of the choice of law and concerning the applicability of mandatory provisions especially of the state in which the Customer as a Consumer has his usual residence remain unaffected.

(2) In case the Customer is a merchant, a legal person under public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual relationships between the Customer and the Vendor is the place of business of the Vendor.

(3) The contract remains valid with its remaining parts even if any individual points should be legally ineffective. The statutory provisions, if existing, shall apply instead of the invalid points. However, if this should constitute an unreasonable hardship for a contracting party the entire contract becomes invalid.

 

- General Terms and Conditions Version 3 – last change date 04.05.2020

 

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