§ 1 Scope, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Eleganz Juwelier (www.eleganzjuwelier.de) and consumers and businesses who purchase goods through our shop. We do not accept any conflicting or deviating terms and conditions. The contractual language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can place one or more products in your shopping cart. During the ordering process, you enter your details and preferences regarding payment method, delivery terms, etc. Only by clicking the order button do you submit a binding offer to conclude a purchase contract. You can also place a binding order by telephone.
(3) The confirmation of receipt, which will be sent promptly by email, simultaneously declares acceptance of the offer and thus concludes the purchase contract. In the case of a telephone order, the purchase contract is concluded when 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
We store your order, along with details of the concluded contract (e.g., type of product, price, etc.). However, you cannot access your past orders online. We will send you the Terms and Conditions, but you can also access them at any time via our website. If you would like to save the product description on our shop page for your own purposes, you can, for example, take a screenshot (= screen capture) at the time of ordering or alternatively print the entire page.
§ 4 Customer information: Correction notice
You can correct your entries at any time before submitting your order by clicking on the delete button. We will inform you about
Further correction options. You can also completely terminate the ordering process at any time by closing the browser window.
§ 5 Retention of title
The purchased item remains our property until full payment has been made.
§ 6 Liability for defects and shortening of the limitation period
(1) Statutory liability rights for defects
There are statutory liability rights for defects in our goods.
(2) Reduction of the limitation period for used goods vis-à-vis consumers
Excluded from this agreement are claims for damages, claims for defects that we have fraudulently concealed, and claims arising from a guarantee we may have provided for the quality of the item. The statutory limitation periods apply to these excluded claims. If a guarantee period exists, the longer period shall apply in favor of the guarantee holder.
(3) Limitation of liability rights for defects (warranty) vis-à-vis entrepreneurs
Your warranty claims for defects in the purchased item expire one year from the transfer of risk. Excluded from this provision are the following claims:
– for damages
– due to fraudulently concealed defects
– from any guarantee given
– recourse under Sections 445a and 478 of the German Civil Code
– due to defects in building materials and components which have been used for a building in accordance with their usual purpose and which have caused its defectiveness.
The statutory limitation periods apply to these excluded claims. In the case of a warranty period, the longer period applies in favor of the buyer.
§ 7 Limitation of Liability
We exclude liability for slightly negligent breaches of duty, provided these do not concern material contractual obligations, damages resulting from injury to life, body, or health, guarantees, or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Material contractual obligations include, in particular, the obligation to hand over the item to you and to transfer ownership of it to you. 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 if you are a merchant.
