general terms and conditions
All offers, sales contracts, deliveries and services due to orders from our customers (hereinafter customers) via our online shop www.arianeernst.com (hereinafter the “Onlineshop”) are subject to these General Terms and Conditions.
The product range in our online shop is aimed at consumers and entrepreneurs alike, but only at end-users. For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his commercial or independent professional activity (Section 13 of the Civil Code – BGB) and (ii) an “entrepreneur” is a natural or legal person or a partnership with legal rights acting in the exercise of its commercial or independent professional activity at the time of conclusion of the contract (Section 14 (1) of the German Civil Code).
The customer’s terms and conditions do not apply, even if we do not object to their validity separately in individual cases.
The contracts with the customer are concluded exclusively in German or English, depending on whether the customer placing the order via the German-language or English-language page of the online shop. If the customer is ordered via our German-language website, the German version of these General Terms and Conditions is accordingly decisive. If the order is placed on our English-language website, only the English version of these Terms and Conditions is relevant.
2. CONTRACT CONCLUSION
Our offers in the online shop are non-binding.
By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We may accept the offer until the end of the third working day following the date of the offer.
We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
Any customer who is a consumer is entitled to withdraw the offer in accordance with the special cancellation and return instructions, which are communicated to him in the course of the order on our website, and to return the goods.
3. PRICES AND PAYMENT
Our prices include the statutory value added tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
Unless expressly agreed otherwise, we will only deliver against advance payment (in the manner indicated in the online shop on the order form) or by cash on delivery, each against invoice.
If delivery is agreed upon on account, our invoices are due for payment within 7 working days after the goods have been sent and the invoice has been receipt by the customer.
The customer is not entitled to set-off or retention, unless the counterclaim is undisputed or legally established.
4. SHIPPING THE GOODS
Deadlines and dates for dispatch of the goods specified by us are only approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed.
All delivery periods specified by us at the time of ordering or otherwise agreed upon shall begin, (a) if delivery is agreed against advance payment, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment is agreed by cash on delivery or on account, on the day of the conclusion of the purchase contract.
The date of delivery of the goods by us to the shipping company is the only decisive factor for compliance with the shipping date.
Even if goods are labelled “in stock” on the order form, we are entitled to sell these goods at any time if:
a) an indication of the limited availability of the goods has been made on the order form, or
b) the delivery is made against advance payment and payment is not made within a period of five working days after our acceptance of the offer.
In such cases, the dispatch will only take place within the agreed or specified period of time as long as the stock lasts.<
If no delivery period has been specified or otherwise agreed or if we are no longer obliged to comply with an agreed delivery period due to the sale permitted in accordance with paragraph 4, a shipment shall be deemed to have been agreed within three weeks from the relevant date in accordance with paragraph 1.
In the event that our supplier does not deliver goods indicated on the order form as “not in stock” or sold in accordance with paragraph 4 to us on time, the delivery period applicable in each case after this clause 4 shall be extended until the delivery by our supplier is extended plus a period of three working days, but not more than a period of three weeks, provided that we are not responsible for the delay in delivery by our supplier and have to reorder the goods immediately.
If the goods are not available or are not available in time for any of the reasons mentioned in paragraph 6, we will notify the customer immediately. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we will immediately refund the customer’s payments made to us. The statutory rights of the customer due to delay in delivery are not affected by the above regulation, whereby the customer can only claim damages in accordance with the special provisions of clause 9 of these General Terms and Conditions.
We are entitled to make partial deliveries of separately usable products recorded in an order, whereby we bear the additional shipping costs caused by this.
5. SHIPPING, INSURANCE AND TRANSFER OF RISK
Unless expressly agreed otherwise, we determine the appropriate shipping method and the carrier at our reasonable discretion.
We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping period mentioned by us is therefore non-binding.
If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time when the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the transport company.
We will insure the goods against the usual transport risks at our expense.
6. RESERVATION OF THE RIGHT
We reserve ownership of the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
If the delivered goods are affected by a material defect, the customer may first demand from us the rectification of the defect or delivery of defect-free goods. However, if the customer is an entrepreneur, we can choose between rectifying the defect or delivering a defect-free item, whereby only by displaying it in text form (also by fax or e-mail) to the customer can take place within three working days after receipt of the notification of the defect. We may refuse the type of supplementary performance chosen by the buyer if this is only possible at disproportionate costs.
If the subsequent performance is fulfilled in accordance with 7 (1) fails or is unreasonable for the customer or we refuse to perform subsequent performance, the customer is entitled in each case to withdraw from the purchase contract, to reduce the purchase price or to demand damages or compensation for his futile expenses in accordance with the applicable law. In addition, the special provisions of the section shall apply to the customer’s claims for damages. 9 of these General Terms and Conditions.
The warranty period is two years from delivery, if the customer is a consumer, otherwise twelve months from delivery.
The following applies only to entrepreneurs: the customer must carefully inspect the goods immediately after being sent. The delivered goods shall be deemed to have been approved by the customer if a defect does not (i) in the event of obvious defects, within five working days of delivery or (ii) is otherwise displayed within five working days of detection of the defect.
8. COMMERCIAL RIGHTS AND COPYRIGHTS
The customer is not entitled to make reproductions of the goods.
Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including VAT) except in the case of intent or gross negligence.
We are not liable (regardless of the legal reason) for damages that are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from data loss if the replacement is not possible or is made difficult due to a lack of or insufficient data backup. The above limitations of liability do not apply in the event of intent or gross negligence.
The limitations of this Section 9 do not apply to our liability for guaranteed characteristics iSv. Section 444 of the German Civil Code (BGB), for injury to life, body or health or under the Product Liability Act.
10. DATA PROTECTION
We may process and store the data relating to the respective sales contracts to the extent necessary for the execution and execution of the sales contract and as long as we are obliged to retain such data by law.
We reserve the right to transmit personal data of the customer to information agencies, insofar as this is necessary for the purpose of a credit check, provided that the customer hereby expressly agrees to this in individual cases. We will also not forward other personal customer data to third parties without the expressly stated consent of the customer, except insofar as we are legally obliged to hand it over.
We are not permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those specified in this clause 10.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
The purchase agreement between us and the customer is subject to mandatory international private law regulations, subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Is the customer merchant iSd. Section 1 para. 1 of the Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in (Pforzheim) have exclusive jurisdiction for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring an action before any court of law.
In the cases required by law, you have the right to withdraw from 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 (Ariane Ernst Jewelry GmbH, Bilker Allee 81, 40219 Duesseldorf, Germany, Tel.: +49 211 311 287 06, e-mail: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this 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 revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund 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 fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Ariane Ernst Jewelry Ltd.
bilker allee 81
+49 211 311 287 06
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
“craftsmanship & passionate design are the essence of my jewelry _ that’s how I create companions intended for a lifetime.”