§ 1 Scope of Application, Customer Information

The following General Terms and Conditions (GTC) govern the contractual relationship between Eleganz Juwelier (www.eleganz-juwelier.de) and consumers and entrepreneurs who purchase goods through our shop. Opposing conditions or conditions deviating from our terms and conditions will not be recognized by us. The contractual language is German.

§ 2 Conclusion of Contract

(1) The product offers displayed on the internet represent a non-binding invitation for you to purchase goods.

(2) You can add one or more products to your shopping cart. During the checkout process, you will enter your data and requirements regarding payment method, delivery options, etc. Only by clicking the order button do you make a binding offer to conclude a purchase contract. You may also place a binding order by telephone.

(3) The acknowledgment of receipt, which is sent immediately via e-mail, simultaneously declares acceptance of the offer, thereby concluding the purchase contract. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.

§ 3 Customer Information: Storage of the Contract Text

Your order with details of the concluded contract (e.g., type of product, price, etc.) will be stored by us. However, you will not have access to your past orders via the internet. We will send you the GTC, but you can also access them at any time on our website. If you wish to save the product description on our shop page for your own purposes, you can, for instance, take a screenshot at the time of ordering or, alternatively, print out the entire page.

§ 4 Customer Information: Notice regarding Corrections

You can correct your entries at any time before submitting the order by using the delete key. We will inform you about further correction options throughout the checkout process. You can also completely terminate the ordering process at any time by closing your browser window.

§ 5 Retention of Title

The purchased item remains our property until full payment has been received.

§ 6 Statutory Liability for Defects and Shortening of the Limitation Period

(1) Statutory Warranty Rights

Statutory liability rights for defects apply to our goods.

(2) Shortening of the Limitation Period for Used Goods vis-à-vis Consumers

Excluded from this agreement are claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from a warranty that we may have assumed for the quality of the item. For these excluded claims, the statutory periods shall apply. If a warranty period exists, the longer period shall apply in favor of the warranty holder.

(3) Limitation of Liability for Defects (Warranty) vis-à-vis Entrepreneurs

Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this regulation are the following claims:

• for damages
• due to fraudulently concealed defects
• arising from a warranty that may have been provided
• for recourse according to §§ 445a, 478 BGB (German Civil Code)
• due to defects in building materials and components that have been used for a building in accordance with their customary manner of use and have caused its defectiveness.

The statutory limitation periods apply to these excluded claims. In the event of any given warranty period, the longer period shall apply in favor of the buyer.

§ 7 Limitation of Liability

We exclude liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages resulting from injury to life, body or health, warranties or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include, in particular, the obligation to hand over the item to you and to grant you ownership of it. Furthermore, we must provide you with the item free of material and legal defects.

§ 8 Commercial Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, provided that you are a merchant (Kaufmann).

§ 9 Right of Withdrawal, Returns & Exchanges

(1) Right of Withdrawal

Consumers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, a clear statement (e.g., via e-mail to info@eleganz-juwelier.de) of your decision to withdraw from the contract is sufficient. To meet the deadline, it is sufficient that you send the notification before the withdrawal period has expired.

(2) Returns & Costs

The customer shall bear the direct costs of returning the goods, provided that the delivered goods correspond to the ordered ones. We will only cover the return shipping costs if the return is due to an error on our part (e.g., incorrect item, damaged goods).

(3) Exchange & Voucher Policy

Upon receipt and inspection of the returned items, the settlement will generally be processed by exchanging the item for alternative goods or by issuing a voucher equivalent to the value of the goods. Cash refunds of the purchase amount will not be issued, unless it concerns an error caused by us (e.g., wrong delivery, defective item).

(5) Refund for Faulty Delivery

If an error lies on our part (e.g., incorrect or faulty item, transport damage), we will naturally refund the full purchase amount including shipping costs or deliver replacement goods. In this case, we will also cover the return costs.

(6) Condition of Returned Items

Returns will only be accepted if the goods are in an unworn, undamaged condition and, if possible, in their original packaging. In the event of depreciation due to use, we reserve the right to claim compensation for value loss.