Terms of Service
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and shipping
6. reservation of title
7. liability for defects (warranty)
8. special conditions for the processing of goods in accordance with certain specifications of the customer.
9. applicable law
10. alternative dispute resolution
11. final provisions
1) Scope of application
1.1 The General Terms and Conditions (hereinafter referred to as "GTC") of Sabrina Wettl, trading under "Soliluna Jewelry" (hereinafter referred to as "Vendor"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Vendor in respect of the goods offered by the Vendor in its online store. The inclusion of the customer's own terms and conditions is objected to, unless otherwise agreed.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online store do not represent a binding offer, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. 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.
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive.
by requesting the customer to make payment after placing his order.
If several of the aforementioned alternatives are available, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Vendor does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Vendor's online order form, the text of the contract is stored by the Vendor and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be called up by the customer on the seller's website after sending his order.
2.5 Prior to a 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, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 third parties commissioned by the seller 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 revocation is contained in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices stated are total prices. Value added tax is not shown, as the seller is a small business within the meaning of the VAT Act. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions or import duties or taxes. Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online store.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the delivery of goods shall be effected after payment has been made by dispatch to the delivery address indicated by the customer. For the processing of the transaction the delivery address indicated in the order processing of the seller is decisive.
5.2 If the transport company returns the dispatched goods to the Vendor because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful dispatch. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Vendor had given him reasonable notice of the service in advance. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, the provision made in the Vendor's cancellation policy shall apply in the event of effective exercise of the right of cancellation by the customer.
5.3 Collection by the customer is not possible for logistical reasons.
6) Retention of title
6.1 If the Seller makes advance payment, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.
6.2 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply
for items which have been used for a building in accordance with their usual use and have caused its defectiveness.
for claims for damages and reimbursement of expenses of the customer as well as in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Vendor immediately. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 If, according to the content of the contract, the Vendor, in addition to the delivery of goods, also owes the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Vendor with all content required for the processing, such as texts or graphics in the specified file formats, formatting, image and file sizes, and shall grant the Vendor the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the contents provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyrights, trademark rights and personal rights.
8.2 The Customer shall indemnify the Vendor against any claims by third parties which they may assert in connection with an infringement of their rights by the contractual use of the Customer's contents by the Vendor. The customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
8.3 The Vendor reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are immoral.
9) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10) European Online Dispute Resolution Platform
The European Commission provides an online dispute resolution platform for consumers, which can be found at http://ec.europa.eu/consumers/odr/. There is no obligation to participate in dispute resolution proceedings before a consumer arbitration board and I am not prepared to do so.
11) FINAL PROVISIONS11.1 If the Buyer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer does not have a residence within the European Union in accordance with § 13 BGB (German Civil Code), the place of business of the Seller shall be the place of jurisdiction.
11.2 If individual provisions of the contract between the customer and the seller, including these General Terms and Conditions of Business, are or become invalid in whole or in part, the remaining provisions shall remain unaffected by this, unless the omission of individual clauses would place one party to the contract at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.