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Terms & Conditions

General terms and conditions of business with customer information

1. Area of application
2. Offers and service descriptions
3. Ordering process and conclusion of the contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Reservation of ownership
8. Material defect warranty and guarantee
9. Liability
10. Saving of the contractual text
11. Place of jurisdiction, applicable law, contractual language

1. Area of application
1.1. The following general terms and conditions of business in their version valid at the time of the order shall apply to the business relationship between JUVELAN GbR, Schickhardtstraße 19, 70199 Stuttgart (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”).
1.2. In case of queries, complaints and objections, you can contact our customer service department on weekdays from 10 am to 6 pm on telephone number +49 (0) 711 912 748 77 and by email at contact(at)juvelan.net.
1.3. A consumer as defined in these general terms and conditions of business is any natural person who concludes a legal transaction for purposes which cannot primarily be attributed to his or her commercial or self-employed professional activities (§ 13 of the German Civil Code – BGB).
1.4. Deviating terms and conditions of the Customer shall not be acknowledged, unless the Seller expressly agrees to their application.

2. Offers and service descriptions
2.1. The representation of the products in the online shop shall not represent a legally binding offer, rather an invitation to submit an order. Service descriptions in catalogues and on the websites of the Seller shall not have the character of an undertaking or guarantee.
2.2. All offers shall apply “for as long as stocks last”, unless otherwise stated in respect of the products. Otherwise, errors shall remain reserved.

3. Ordering process and conclusion of the contract
3.1. The Customer can select products from the range of the Seller in a non-binding manner and enter these into a so-called shopping basket via the button. Subsequently, the Customer can proceed to the completion of the ordering process via the button [proceed to checkout].
3.2. Via the button [buy], the Customer submits a binding request to buy the goods in the shopping basket. Prior to sending the order, the Customer can alter and view the data at any time. Necessary information is marked with a star (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by email, in which the order of the Customer is listed once again and which the Customer can print via the “print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the Customer has been received by the Seller and does not represent an acceptance of the order. The sales contract shall not come into existence until the Seller has, within 2 days, sent the ordered product to the Customer, handed it over to him or her or confirmed to the Customer within 2 days by means of a second email the express confirmation of the order or the sending of the invoice.
3.4. Should the Seller permit advance payment, the contract shall come into existence at the time of provision of the bank data and the payment request. Should the payment not have been received by the Seller within 10 calendar days of the sending of the order confirmation, despite being due and despite a second request, the Seller shall rescind the contract with the result that the order shall be cancelled and the Seller not being subject to any delivery obligation. The order shall then be terminated for the Buyer and Seller without any further consequences. Therefore, a reservation of the article in case of advance payments shall take place for maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices which are stated on the website of the Seller include the respectively applicable value added tax.
4.2. In addition to the stated prices the Seller charges shipping costs for the delivery. The shipping costs are clearly notified to the Buyer on a separate information page and within the framework of the ordering process.

5. Delivery, availability of goods
5.1. Should payment in advance be agreed, the delivery shall take place following receipt of the invoice amount.
5.2. Should not all ordered products be in stock, the Seller shall be entitled to carry out partial deliveries at its own expense, provided that this is reasonable for the Customer.
5.3. Should the delivery of the goods fail due to fault on the part of the Customer despite three attempts, the Seller can rescind the contract. Any payments which have been made shall be reimbursed to the Customer immediately.
5.4. Should the ordered product not be available due to the Seller not being provided with it by its supplier without fault on the part of the Seller, the Seller can rescind the contract. In such a case, the Seller shall immediately inform the Customer and, if applicable, propose the delivery of a comparable product. Should no comparable product be available or should the Customer not wish the delivery of a comparable product, the Seller shall immediately reimburse the Customer in respect of any consideration which has already been provided.
5.5. Customers shall be informed of delivery times and delivery restrictions (for example limiting of deliveries to certain countries) on a separate information page or in the respective product description.

6. Payment methods
6.1. Within the framework of and prior to completion of the ordering process, the Customer can choose from the available payment methods. Customers will be informed of the available payment methods on a separate information page.
6.2. Should payment on receipt of an invoice be possible, this must take place within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
6.3. Should third party providers be engaged in respect of the payment process, for example Paypal, their general terms and conditions of business shall apply.
6.4. Should the due date of the payment be determined in accordance with the calendar, the Customer shall enter default if the date is missed. In such a case, the Customer must pay the statutory default interest.
6.5. The obligation of the Customer to pay default interest shall not exclude the assertion of further default claims on the part of the Seller.
6.6. The Customer shall only be entitled to a right of set off if its counterclaims are recognised by a court or have been acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Reservation of ownership
Until full payment, the delivered goods shall remain the property of the Seller.

8. Material defect warranty and guarantee
8.1. The warranty shall be in accordance with the statutory regulations.
8.2. A guarantee shall only exist in respect of the goods delivered by the Seller if this was expressly issued. Customers will be informed of the guarantee terms and conditions prior to the initiation of the ordering process.

9. Liability
9.1. Regardless of the other statutory claim requirements, the following exclusions and restrictions of liability shall apply in respect of the liability of the Seller to pay damages:
9.2. The Seller shall incur unlimited liability, should the cause of the loss be due to intent or gross negligence.
9.3. Furthermore, the Seller shall incur liability for the negligent breach of essential obligations, whose breach endangers the attainment of the contractual purpose or for a breach of obligations whose fulfillment is essential for the proper fulfilment of the contract and on whose compliance the Customer may regularly rely. In such a case, the Seller shall only incur liability in respect of losses which are foreseeable and typical of the contract. The Seller shall not incur liability for simply negligent breaches of obligations other than those stated in the sentence above.
9.4. The limitations of liability above shall not apply in case of injuries to life, body and health, for a defected following the assumption of a guarantee concerning the quality of the product and in case of fraudulently concealed defects. The liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
9.5. Should the liability be excluded or restricted, this shall also apply in respect of the personal liability of employees, representatives and vicarious agents.

10. Saving of the contractual text
10.1. Prior to the submission of the order to the Seller, the Customer can print out the contractual text by using the print function in the browser in the last stage of the order.
10.2. The Seller shall also send the Customer an order confirmation with all order data to the email address provided by him or her. With the order confirmation, the Customer shall also receive a copy of the general terms and conditions of business and notice concerning the right of revocation, as well as information concerning shipping costs and the terms and conditions of delivery and payment. Should you have registered in your shop, you can view your submitted orders in your profile area. In addition, we save the contractual text, but do not make this accessible on the Internet.

11. Place of jurisdiction, applicable law, contractual language
11.1. The place of jurisdiction and place of performance shall be the place of business of the Seller, should the Customer be a businessman, legal person under public law or a public law special fund.
11.2. The contractual language shall be German.