General terms and conditions with customer information
Table of contents
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Special conditions for the processing of goods according to specific customer specifications
Redeeming gift vouchers
Alternative dispute resolution
1) Scope of application
1.1 Diese General Terms and Conditions (hereinafter "GTC") of Anna von Bergmann, trading under "ANNA VON BERGMANN Schmuck & Accessoires" (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "client") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Für Contracts for the delivery of vouchers are subject to these GTCs accordingly, unless otherwise expressly agreed.
1.3 Verbraucher for the purposes of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 Die product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 Der Customer can submit the offer via the online order form integrated in the online shop of the seller. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone or e-mail.
2.3 Der Seller can accept the offer of the customer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
If the seller informs the customer of an extended processing or delivery period, the five days shall be extended accordingly.
2.5 Bei of the submission of an offer via the Seller's online order form, the text of the contract will be saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be called up by the customer on the seller's website after sending his order.
2.6 Vor binding submission of the order via the seller's online order form, 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Für the conclusion of the contract is available exclusively in the German language.
2.8 Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Verbrauchern is basically entitled to a right of withdrawal.
3.2 Nähere Information on the right of revocation results from the seller's revocation instruction.
4) Prices and terms of payment
4.1 Sofern from the product description of the salesman nothing else results, it concerns with the indicated prices total prices, which contain the legal value added tax. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Die Payment option(s) is/are communicated to the customer in the seller's online shop.
4.4 Ist If advance payment by bank transfer is agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
5) Delivery and shipping conditions
5.1 Die Goods are delivered by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing is decisive for the transaction.
5.2 Sendet the transport company returns the shipped goods to the seller, since 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 the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable notice of the service in advance. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3 Selbstabholung is not possible for logistical reasons.
5.4 Gutscheine are left to the customer as follows:
- by e-mail
6) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 Ist the object of sale is defective, the provisions of the statutory liability for defects shall apply.
7.2 Der customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to specific specifications of the customer
8.1 Schuldet the seller according to the content of the contract in addition to the delivery of goods also the processing of the goods according to certain specifications of the customer, the customer has to provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and to grant him the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
8.2 Der The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.
8.3 Der The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
9) Redemption of gift vouchers
9.1 Gutscheine, which can be purchased through the online shop of the seller (hereinafter "gift vouchers"), can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
9.2 Geschenkgutscheine and remaining credit balances of Gift Vouchers can be redeemed until the end of the third year after the year of the Gift Voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
9.3 Geschenkgutscheine can only be redeemed before the end of the order process. A subsequent settlement is not possible.
9.4 Bei of an order can also be redeemed several gift vouchers.
9.5 Geschenkgutscheine can only be used for the purchase of goods and not for the purchase of further gift certificates.
9.6 Reicht the value of the gift voucher to cover the order does not cover the value of the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 Das The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 Der Gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
10) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply 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.
11) Alternative dispute resolution
11.1 Die The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 Der Seller is neither obliged to take part in a dispute settlement procedure before a consumer arbitration board, nor is he obliged to take part in such a procedure.