General Terms and Conditions of Schmiede Bosslau Jewellery

Schmiede Bosslau Jewellery

Owner: Susann Bosslau

At Carlsgarten 12a

10318 Berlin

Germany

Sales Id.: 3223701879

Phone: +49 (0) 176-61371306

e-mail: mail@schmiedebosslau.com

§ 1 Contracting Party, scope of application

(1) Schmiede Bosslau Jewellery (hereinafter referred to as “SCHMIEDE BOSSLAU”), operates and provides the internet platform www. schmiedebosslau.com, where customers can purchase jewellery made according to the displayed images.

(2) The illustrations are handmade individual pieces, each of which serves only as a product example, according to which SCHMIEDE BOSSLAU produces a new piece of jewellery each time a contract is concluded. Due to the handcrafted production, minor deviations between the illustration and the finished piece of jewellery are to be expected. This applies in particular to the gemstones used, as this is a natural material.

(3) On request, the Customer may also purchase the product example shown on the website.

(4) In addition, Customers can have their own pieces of jewellery made on the Platform as desired.

(5) The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts between SCHMIEDE BOSSLAU and its customers (hereinafter referred to as “CUSTOMERS”) who purchase goods via the platform as consumers or entrepreneurs.

(6) These general terms and conditions apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of Business of the CUSTOMER only become part of the contract if and insofar as their validity has been expressly agreed by SCHMIEDE BOSSLAU.

(7) A consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activity.

§ 2 Conclusion of contract, order procedure

(1) The offers made by SCHMIEDE BOSSLAU are non-binding invitations for a contractual offer by the CUSTOMER.

(2) The order by the CUSTOMER is considered a binding offer of contract.

(3) The acceptance by SCHMIEDE BOSSLAU is made in writing, in text form or orally. Acceptance takes place immediately after the CUSTOMER’s order.

(4) After selecting the products, the customer can add them to the shopping cart by clicking the button “Add to Card”. The shopping cart can also be reached by the CUSTOMER by clicking on the shopping cart symbol in the upper right corner.

In the shopping cart, the CUSTOMER has the opportunity to change the order once again before he reaches the order overview page by clicking on the button “proceed to checkout”. Here the CUSTOMER enters his data and delivery address and selects a payment method (§ 4 paragraph 3).

If the CUSTOMER uses the instant payment system by clicking on the button “PayPal” integrated in the store system, the CUSTOMER will be redirected to the log-in page of PayPal. After successful registration, his address and account data stored with PayPal will be displayed (see § 4). By clicking the “continue” button, the CUSTOMER is redirected to the online store and to the order overview page. This process also applies to payment with GiroPay, which is also integrated via a button on the order overview page.

If the CUSTOMER selects the “SEPA payment method” via the integrated button in the order overview, he has the option of issuing a direct debit mandate and will be redirected to the order page after specifying his I-BAN and issuing the direct debit.

If the CUSTOMER chooses the payment method “Klarna-instant bank transfer”, he will be redirected to the Klarna page after clicking the “continue” button. After entering his online banking data in Klarna’s secure payment form and the CUSTOMER is redirected to the order overview page in the online store.

Before submitting the order, the CUSTOMER has the possibility to check or to change all details (also via the “back” function of the internet browser) or to cancel the purchase.

By clicking the button ” buy now” the CUSTOMER sends the order and makes an offer to purchase. SCHMIEDE BOSSLAU accepts this immediately after completion of the order by the CUSTOMER in writing, orally or in text form (by sending an order confirmation via e-mail).

§ 3 Delivery, shipping conditions

(1) SCHMIEDE BOSSLAU delivers from a purchase value of 30 € within Germany insured at a price of 4.99 €.

(2) Shipping is carried out by DHL (Deutsche Post AG). The goods leave the warehouse five days a week, Saturday and Sunday are usually not dispatched.

(3) For the rest, reference is made to the shipping options of SCHMIEDE BOSSLAU.

§ 4 Terms of payment

(1) All prices include the statutory value added tax applicable at the time. The tax is shown separately on the invoice.

(2) The prices at the time of the order by the CUSTOMER shall apply. The CUSTOMER will find out the period of validity of the limited offers at the point in time where they are displayed in the shop.

(3) The payment of the goods is carried out optionally according to the payment methods suggested in the order process and under the conditions stated there. SCHMIEDE BOSSLAU reserves the right to exclude certain methods of payment depending on the result of the verification of the CUSTOMER’s data (identity and creditworthiness check). In the online shop of SCHMIEDE BOSSLAU the following methods of payment are available to the CUSTOMER:

(a) GiroPay

When placing the order, the CUSTOMER provides his credit card details. After the legitimation as legitimate cardholder, the payment transaction is automatically carried out and the card is charged.

The payment transaction will be carried out automatically by GiroPay immediately afterwards. The CUSTOMER will receive further instructions during the ordering process. By using this payment method the CUSTOMER accepts the terms and conditions of GiroPay.

(b) PayPal, PayPal Express

During the order process the CUSTOMER is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the CUSTOMER must be registered there or first register and identify himself with the access data and confirm the payment order to SCHMIEDE BOSSLAU.

The payment transaction will be carried out automatically by PayPal immediately afterwards. The CUSTOMER will receive further instructions during the ordering process. By using this payment method the CUSTOMER accepts the terms and conditions of PayPal.

(c) Immediate bank transfer

The service “pay immediately” is provided by Klarna.

The CUSTOMER pays by direct bank transfer via online banking. The online banking data is entered exclusively in Klarna’s secure payment form. SCHMIEDE BOSSLAU can therefore neither access the data entered by the CUSTOMER nor the customer’s account. Further information can be found on www.klarna.com. By using this payment method, the customer accepts Klarna’s terms and conditions.

(d) SEPA Direct Debit

The CUSTOMER issues a direct debit authorization of the amount to be paid by SEPA Direct Debit Mandate.

(4) Should the CUSTOMER be in default of payment, SCHMIEDE BOSSLAU reserves the right to charge the CUSTOMER a fixed reminder fee of € 5.99 for the second and all subsequent reminders, irrespective of whether the first reminder was sent to the CUSTOMER by post or e-mail. However, the CUSTOMER is allowed to prove that the damages incurred by SCHMIEDE BOSSLAU are less than the fixed fees. In the event of default of payment, the CUSTOMER undertakes to reimburse all costs, expenses and cash outlays incurred by SCHMIEDE BOSSLAU in pursuing its claims. This also includes, without prejudice to any obligation to reimburse costs under procedural law, all extrajudicial costs of a commissioned collection agency or lawyer.

(5) The CUSTOMER is entitled to assert rights of retention against the claim for payment of SCHMIEDE BOSSLAU, which he is entitled to according to § 320 BGB or otherwise result from the same contractual relationship. The CUSTOMER is not entitled to any other rights of retention.

(6) The CUSTOMER is entitled to offset an undisputed or legally established claim against the payment claim of SCHMIEDE BOSSLAU. Furthermore, he is entitled to set off against a claim resulting from the fact that SCHMIEDE BOSSLAU has not or not properly fulfilled his obligations, if these obligations are in a performance-counter-performance relationship with his payment claim against which the set-off is to be made. Beyond this, offsetting is excluded.

§ 5 Retention of title

(1) SCHMIEDE BOSSLAU reserves the right of ownership of the delivered goods until full payment has been made.

(2) SCHMIEDE BOSSLAU is entitled to make partial deliveries to the usual extent.

§ 6 Warranty

Unless expressly agreed otherwise, the statutory warranty rights apply.

§ 7 Revocation

(1) Consumers have a 14-day right of revocation. This is based on the information on the right of revocation on the website.

(2) In order to exercise this right of revocation, consumers must inform SCHMIEDE BOSSLAU by means of a clear statement (by post, fax or e-mail) of their decision to revoke the contract. For this purpose, consumers can use the form for revocation on the website of SCHMIEDE BOSSLAU, but this is not mandatory.

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

In order to exercise your right of revocation, you must inform us, Schmiede Bosslau Jewellery, Owner: Susann Bosslau, Am Carlsgarten 12a, 10318 Berlin, Germany, e-mail: mail@schmiedebosslau.com, by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to Schmiede Bosslau Jewellery, Am Carlsgarten 12a, 10318 Berlin, Germany, without delay and in any event no later than fourteen days from the day you notify us of the revocation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their condition, properties and functioning.

(3)          The right of revocation does not apply to the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

• – for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after supply,- if these have been inseparably mixed with other goods after delivery due to their nature
• – if these have been inseparably mixed with other goods after delivery due to their nature- Computer software in a sealed package if the seal was removed after delivery,
• – and also not for the delivery of audio or video recordings or
• – Computer software in a sealed package if the seal was removed after delivery,
• – for the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the Contractor has no control.

(4)          Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

§ 8 Contract language, contract text storage

(1) The language available for the conclusion of the contract is German.

(2) The text of the contract will be saved and the order data as well as the GTC will be sent to the CUSTOMER by e-mail. The version of the GTC valid at the time of the order can also be viewed here at any time <Link to GTC Archive>. For security reasons, the order data is no longer accessible via the Internet.

§ 9 Data security, data protection

(1) SCHMIEDE BOSSLAU shall observe the applicable data protection regulations, in particular those valid in Germany, and shall oblige its employees employed in connection with the contract and its execution to maintain data secrecy, unless they are already generally obliged to do so.

(2) If SCHMIEDE BOSSLAU collects, processes or uses personal data, it shall be responsible for the fact that it is entitled to do so in accordance with the applicable, in particular data protection regulations.

(3) SCHMIEDE BOSSLAU will only collect and use customer-related data to the extent required for the execution of this contract. The CUSTOMER agrees to the collection and use of such data to this extent.

(4) SCHMIEDE BOSSLAU is entitled to pass on the necessary data to third parties if they are commissioned to carry out work in relation to the customer’s order.

(5) In addition, reference is made to the SCHMIEDE BOSSLAU data protection declaration

§ 10 Consumer dispute resolution

(1) The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/

(2) SCHMIEDE BOSSLAU is neither obliged nor willing to participate in a dispute resolution procedure before a consumer conciliation body.

§ 11 Other

(1) German law shall apply exclusively, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

(3) Oral or written collateral agreements do not exist.

(4) Insofar as the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the CUSTOMER and SCHMIEDE BOSSLAU is the registered office of SCHMIEDE BOSSLAU.