Terms of Service
General terms and conditions with customer information
Table of Contents
- scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects
- Applicable Law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter “GTC”) of Otto Blumenschein OHG (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller’s on the Internet trading platform jewelry box completes the goods shown. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The contract is concluded when the customer goes through the individual steps of the order process and then completes it by clicking the button: “Checkout / Complete order”.
2.2 The customer must go through the following technical steps to submit his contract declaration for Schmuck-Küllen:
On the offer page, the customer first clicks on the “Add to shopping cart” button and then goes through the further specified steps. To place an order, the customer must log into his existing member account or he must create a new member account for the order if no member account is already available for him. Finally, the customer clicks on the “Checkout / Complete order” button.
2.3 The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order along with the present terms and conditions and customer information. Any further provision of the contract text by the seller himself does not take place.
2.4 Before placing a binding order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s enlargement function, which is used to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button to complete the ordering process.
2.5 Only the German language is available for the conclusion of the contract.
2.6 The order processing and contact take place via email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller can be delivered.
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 terms of payment
4.1 The prices indicated by the jewelery box are total prices and include the statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller’s product description.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the order processing for jewelry boxes is decisive.
5.2 If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
9) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer’s registered office.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
