Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of A n d r é W u n d e r l i c h, operating under the business name "W un d e r l i c h J e w e l r y", B o r n h e i d e 82, 22549 H a m b u r g (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms is hereby objected to, unless otherwise agreed.
1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless expressly stipulated otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 An entrepreneur within the meaning 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 their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into 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 contractual offer regarding the goods contained 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 telephone or email.
2.2.1 The automatic order confirmation does not yet constitute acceptance of the offer but merely confirms receipt of the order. A binding contract is only concluded upon dispatch of the goods or with an explicit declaration of acceptance (e.g., shipping confirmation). The Seller is entitled to reject orders before dispatch without stating reasons.
2.3 The Seller can accept the Customer's offer (purchase) within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), 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.
- 2.3.1. The Seller may reject the offer (purchase) in case of obvious pricing errors, "declaration error" (§ 119 BGB), or if the product is no longer available.
2.4 If a payment method offered via the payment service "PayPal" has been selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user conditions.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and transmitted to the Customer in text form after sending their order.
2.6 Before submitting a binding order, the Customer can identify and correct any input errors.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices quoted are total prices including statutory value-added tax.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are to be borne by the Customer.
4.3 Payment options are communicated to the Customer in the online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If payment is made via PayPal, PayPal's respective terms of use apply.
5. Delivery and Shipping Conditions
5.1 Delivery will be made to the delivery address specified by the Customer.
5.2 Partial deliveries are permissible, provided they are reasonable for the Customer.
6. Retention of Title
6.1 Towards consumers, the Seller retains title to the delivered goods until full payment has been made.
6.2 Towards entrepreneurs, the Seller retains title until all claims have been fully settled.
7. Liability for Defects (Warranty)
The statutory provisions on liability for defects apply.
8. Redemption of Promotional Vouchers
Promotional vouchers can only be redeemed in the online shop within the specified period.
9. Redemption of Gift Vouchers
Gift vouchers can be redeemed until the end of the third year after purchase.
10. Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11. Place of Jurisdiction
If the Customer is a merchant, the place of jurisdiction is Hamburg.
12. Alternative Dispute Resolution
Information on alternative dispute resolution is provided in accordance with legal requirements.