General terms and conditions and customer information
I. Terms of service
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Dagmar Kraemer) via the website www.fejnjewelry.com. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can not be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Effectiveness of contract
(1) Subject of the contract is the sale of goods.
(2) Already with the listing of the respective product on our website we are submitting a binding offer to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can open the "shopping cart" and make changes there at any time. After navigating to the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop on the order overview page. Before sending the order, you have the option to check all the information here again, to change it (also using the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "order with payment" button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via email. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, are not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to transmit any data, of which the content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the correctness of the transmitted data and therefore assume no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment by invoice via Klarna Germany
In cooperation with Klarna, we offer purchase on account as a payment option. The payment period is 14 days from the invoice date. The invoice is issued when the goods are dispatched and either sent by email or together with the goods. The payment is made to Klarna. Please note that Klarna invoice is only available to consumers. You can find the complete terms and conditions for invoice purchase here.
Data protection notice.
Klarna checks and evaluates your data and maintains a data exchange with other companies and credit agencies if there is a legitimate interest and reason. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations.
§ 5 Right of Retention, Reservation of ownership
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a contractor, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice that arise from the resale, we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the receivables ourselves if you fail to meet payment obligations properly.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
d) We commit to release the securities to which we are entitled at your request insofar as the feasible value of our securities exceeds the claim to be secured by more than 10%. It is at our discretion to select the collateral to be released.
§ 6 Warranty
(1) The statutory rights to liability for defects apply.
(2) As a consumer, you are asked to immediately check the item for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) As far as you are a company, deviating from the above warranty following regulations apply:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the condition of the item, however not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we provide a guarantee of rectification or subsequent delivery at our option. If the rectification of the defect fails, you can either request a reduction or withdraw from the contract. The remedial measures are deemed to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in another solution. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of delivery, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period lasts one year from the date of delivery. The shortening of the deadline does not apply:
- culpably caused damage from injury to life, limb or health and for other damage caused intentionally or through gross negligence; - insofar as we maliciously concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency; - with statutory recourse claims that you have against us in connection with rights to defects.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for amendment take place in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.).
3. Contractual language, Contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services.
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
5.3. If delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as Customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) which have to be borne by you.
5.4. You have to bear the costs of the money transfer (bank transfer or exchange rate fees) in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer. 5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Terms
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I). These general terms and conditions and customer information were drawn up by the lawyers of the dealer association who specialize in IT law and are constantly checked for legal conformity. The dealer association Management AG guarantees the legal security of the texts and is liable in the case of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.