TERMS OF SERVICE
General terms and conditions with customer information
Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain specifications of the customer
9. Redeeming gift certificates
10. Applicable Law
11. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "GTC") of Thomas Göbel, acting under "Schmuckgarten" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller regarding the goods displayed by the seller in his online shop. The inclusion of the customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by phone, email or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with these terms and conditions. However, the contract text can no longer be called up by the customer via the seller's website after the order has been sent.
2.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 The payment option (s) is / are communicated to the customer in the seller's online shop.
4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.
5.4 Vouchers are given to the customer as follows:
- by post or email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer must provide the operator with all the content required for processing such as texts, images or graphics in the file formats, formatting, and image specified by the operator - and file sizes available and grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer exempts the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against morality. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
9) Redeeming gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and the remaining balance of gift vouchers can be redeemed by the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
9.4 Several gift vouchers can be redeemed for one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
9.8 The gift voucher is transferable. The seller can, with a discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.
10) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.