General terms and conditions and consumer information in the context of sales contracts that are made via the online shop between
Antonia Jaap - hereinafter referred to as the “seller” - and the customer - hereinafter referred to as the “customer”.
- 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes that are predominantly neither commercial nor his independent professional activity. In contrast, an entrepreneur is any 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 contract
(1) The contract is concluded with:
Poppenbüttler Hauptstr. 54a
By completing the purchase, the buyer agrees to the terms and conditions and the Right of withdrawal to.
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer's order, the customer will first be sent a confirmation of his order from the seller, usually by email (order confirmation). The order confirmation does not yet represent acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he will accept the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking on the "shopping cart" button, the customer receives an overview of the selected products. With the "Buy now" button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions "Back" and "Next" shown as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application.
- 3 Subject matter of the contract, condition, delivery, availability of goods
(1) The subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation at the final prices specified in the online shop. Errors and mistakes are reserved, especially with regard to the availability of goods.
(2) The quality of the goods ordered results from the product descriptions in the online shop. Images on the website may only show the products inaccurately; colors in particular can vary considerably for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible, but may show the usual deviations. The properties described here do not represent defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller shall also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
- 4 Delivery, prices, shipping costs, returns
(1) The delivery to the shipping company takes place no later than two days after receipt of payment. The delivery time is up to five days. The seller will point out any deviating delivery times on the respective product page.
(2) Delivery takes place only within the EU.
(3) The prices quoted are retail prices plus shipping costs. The customer receives an invoice.
(4) The statutory provisions for online shops in the Federal Republic of Germany apply. In the case of a return, the buyer bears the shipping costs for the return. The previously incurred shipping costs for delivery will not be reimbursed. No reimbursement will be given for goods that are not properly returned and are therefore unsuitable for resale (knotted chains, bracelets) or that are not returned in the original packaging.
- 5 payment
Payment is made in advance (PayPal, bank transfer).
- 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report these errors to the deliverer immediately and to contact the seller as soon as possible.
(2) Failure to lodge a complaint or to contact us has no consequences for the customer's statutory warranty rights, but helps the seller to assert his own claims against the carrier or the transport insurance company.
- 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) There is only a guarantee for the goods delivered by the provider if this was expressly given in the order confirmation for the respective article.
(3) Complaints and warranty claims can be submitted to the address given in the provider identification.
(4) An exchange (replacement) of products due to material defects is possible within two months after receipt of the order.
- 8 Guarantee for watches
In addition to the statutory warranty, Jewelryqueen.de assumes a guarantee for material and manufacturing defects in the watches (movement and case) under the following conditions:
(1) The guarantee period is two years from the date of purchase. Replacing or repairing the watch does not extend the warranty period. The date of purchase still applies.
(2) The guarantee covers material and manufacturing defects in the movement and case. Other parts are not covered by the guarantee.
(3) Complaints and warranty claims can be submitted to the address given in the provider identification.
(4) The guarantee can only be claimed if proof of purchase (valid order number) is available and this is given when the watch is sent in.
(5) Jewelryqueen.de is free to repair or replace the watch or individual parts within the framework of the guarantee. When replacing parts, we generally use parts of the same type. If the product or part of the watch is no longer manufactured, we are entitled to use similar parts. The same applies to replacing the watch. If the affected model is no longer manufactured, Jewelryqueen.de is entitled to deliver a similar model.
(6) The following damage or services are not covered by the guarantee:
- Defect or damage due to improper use (dents, breakage, broken glass, etc.)
- Defect or damage due to improper repairs or changes to the watch or its parts
- Defect or damage caused by fire, water or natural disasters such as earthquakes
- Optical changes that occur in the course of normal wear and tear and aging (e.g. scratches on the glass / housing, discoloration of the bracelet or peeling of the coating)
(7) This guarantee exists in addition to the rights to which the buyer is entitled in the event of a defect and does not limit these rights in any way
- 9 Information on handling old devices
The Electrical and Electronic Equipment Act (ElektroG) contains a large number of requirements for handling electrical and electronic equipment. The most important are listed here.
(1) Separate collection of old devices
Electrical and electronic equipment that has become waste is known as old equipment. Owners of old devices must collect them separately from unsorted municipal waste. Old devices do not belong in the household waste, but in special collection and return systems.
(2) Batteries and rechargeable batteries
Owners of old devices have to separate old batteries and accumulators, which are not enclosed by the old device, from the old device before handing them over to a collection point. This does not apply if the old devices are handed over to public waste disposal authorities and separated there from other old devices for the purpose of preparation for reuse.
(3) Options for returning old devices
Owners of old devices from private households can hand them in at the collection points of the public waste disposal authorities or at the collection points set up by manufacturers or distributors within the meaning of the ElektroG. An online directory of the collection and return points can be found here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf
(4) Data protection notice
Old devices often contain sensitive personal data. This applies in particular to information and telecommunications equipment such as computers and smartphones. In your own interest, please note that each end user is responsible for deleting the data on the old devices to be disposed of.
(5) Meaning of the symbol "crossed out garbage can"
The symbol of a crossed-out garbage can regularly depicted on electrical and electronic equipment
indicates that the respective device must be collected separately from unsorted municipal waste at the end of its service life.
(6) Manufacturer registration number
As a manufacturer within the meaning of the ElektroG, we are registered with the responsible foundation for waste electrical and electronic equipment (Nordostpark 72, 90411 Nuremberg) under the following registration number: WEEE reg. No. DE 31120393
- 10 Notes on battery disposal
Since our shipments may contain batteries, we are obliged under the Battery Act (BattG) to point out the following: Batteries must not be disposed of with household waste. You are legally obliged to return used batteries. Old batteries can contain pollutants which, if not properly stored or disposed of, can damage the environment or your health. But batteries also contain important raw materials such as B. iron, zinc, manganese or nickel and can be recycled. After use, you can either return the batteries to us or return them free of charge in the immediate vicinity (e.g. in stores or in communal collection points or in our dispatch warehouse). The sale in sales outlets is limited to the usual quantities for end users as well as those old batteries that the distributor carries or has carried as new batteries in its range.
The symbol with the crossed-out garbage can means that batteries and rechargeable batteries are not allowed to be disposed of with household waste. Under this symbol you will also find the following symbols with the following meanings:
Pb: battery contains lead
Cd: Battery contains cadmium
Hg: battery contains mercury
The batteries should be completely discharged (recognizable by the onset of functional impairment) and returned to the collection points provided for this purpose.
Registration number: 21009219
- 11 Packaging register
- 12 Reservation of Title
The delivered goods remain the property of the seller until they have been paid for in full.
- 13 liability
The statutory provisions apply.
- 14 text of the contract
The contract text is saved on the seller's internal systems. The customer can view the general terms and conditions at any time in his customer account. The order data and the terms and conditions are sent to the customer by email. After completing the order, the order data can no longer be accessed via the Internet for security reasons.
- 15 final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law only applies to consumers if the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seat of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or usual place of residence is not known at the time the action is brought.