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Terms and Conditions

Table of contents

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotional vouchers
  9. Redeeming gift vouchers
  10. Applicable law
  11. Jurisdiction
  12. Alternative Dispute Resolution

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of André Wunderlich, trading under the business name "Wunderlich Jewelry", Bornheide 82, 22549 Hamburg (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and 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 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 For the purposes of these General Terms and Conditions, an entrepreneur 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 independent professional activity.

2. Conclusion of the 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 to enable the customer to submit a binding offer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, 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 shipment of the goods or with an express declaration of acceptance (e.g., shipping confirmation). The seller is entitled to refuse orders before shipment without giving reasons.

2.3 The seller may 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 in this respect.
  • 2.3.1. The seller may refuse the offer (purchase) in the case of obvious pricing errors, "error in declaration" (§ 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 will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use.

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 the order has been submitted.

2.6 Before submitting the order, the customer can identify and correct any input errors.

2.7 The German language is available for concluding 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 VAT.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are to be borne by the customer.

4.3 The payment options will be communicated to the customer in the online shop.

4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract.

4.5 If payment is made via PayPal, the respective terms of use of PayPal 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 permitted, provided they are reasonable for the customer.

6. Retention of title

6.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment has been received.

6.2 With respect to entrepreneurs, the seller retains title to the goods until all claims have been fully settled.

7. Liability for defects (warranty)

The statutory provisions regarding liability for defects apply.

8. Redemption of promotional vouchers

Promotional vouchers can only be redeemed in the online shop during the specified period.

9. Redeeming 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.