GENERAL TERMS AND CONDITIONS
Preamble:
SEVENGEMS offers a selection of vintage real gold jewellery in the field of mainly rings, earrings, bracelets etc. The internship www.sevengems.de, hereinafter refereed to as “shop” or “website”, provides a platform for the information on as well as selection and purchase of the desired products.
§ 1 Applicability and contractual partner
(1) Your contractual partner is
SEVENGEMS
Jovyplatz 18 45964 Gladbeck Germany
Tel +49 157 71 45 38 49
info@sevengems.de
www.sevengems.de
CEO: Kathrin Lux
Tax identification: 359/5256/6484
(hereinafter „sevengems“)
(2) The present terms and conditions are valid for any contractual relationship between Sevengems and customers residing outside of Germany, Switzerland and Austria.
(3) The Terms and Conditions will be sent to you E-Mail Adress after your purchase. You may print or save these terms and conditions. To open a PDF-document you may need Adobe Reader which you can obtain free via the internet.
(4) Your contract and personal data is saved by us. A direct access to your saved data is not possible due to security restrictions. Please refer to our privacy policy for details.
(5) You may correct your contractual data before sending your order. After placing your order you may provide corrected data via e-mail.
(6) We only sell products. The customer is obliged to install and connect any purchased product as well as to study if the product is suited for the intended use.
§ 2 Registration
(1) Registering at our shop as well as buying from our shop is only permitted for persons of full age and contractual capability as well as for legal entities and companies.
(2) When registering or buying your information has to be true, exact, actual and complete. In case of erroneous or incomplete information, we reserve the right to withdraw or deny contracting or contract only corrected data is provided.
§ 3 Conclusion of contract
(1) The offering of products displayed on the website do not state a legally binding offer by Sevengems but rather the invitation to the customer to make an offer for the conclusion of a contract.
(2) By submitting your order you offer the conclusion of the contract regarding the products in your cart. Sevengems confirms your order via e-Mail. This E-Mail does not conclude the contract. After checking your order and the provided data, we accept the contract with a further e-Mail. We also inform you on delivery time. Once you receive this (second) e-Mail the contract is concluded.
(3) A contract may further be concluded via E-Mail conversation. If we send you the confirmation of your order after a telephone conversation, the contract is conclude by sending you the order confirmation via E-Mail if you are a merchant. Consumers will have to confirm this again separately. You may do so by returning a signed copy or a respective mail or fax; this then concludes the contract.
§ 4 Prices, payment, due dates and delay
(1) All prices are in Euro (€) including VAT / sales tax, excluding shipment and customs duty. The prices on the date of your order are applicable.
(2) Greater quantities and custom orders are possible but subject to individual agreement. Please contact us via e-Mail prior to your purchase.
(3) The purchase price is due upon contract conclusion.
(4) Payments may be made via the payment services named on our website. Other payment services are not supported. For payments via PayPal and other payment services please also refer to the Terms and Conditions of the respective service.
(5) If you choose cash in advance as your method of payment, we will list our bank-details in the order-confirmation and will deliver the goods upon reception of payment. The amount due has to be paid to our account within 7 days after conclusion of the contract. In case the amount is not paid within the time limit, we may withdraw the contract.
(6) In case of delayed payment, we are entitled to claim annual interest of 5 percent above the respective statutory base rate in Germany. For legal transactions a client is not involved in, we reserve the right to charge interest of 8 percent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay according to § 288 Par.3, 4 German Civil Code. We are further entitled to charge 12,00 € plus further costs incurred by your delay in payment for each dunning if payment is due for more than 21 days.
(7) A right of retention can only be executed insofar as the claims result from the same contractual relationship.
(8) In the event of default we are also entitled to withdraw the contract after a further deadline has passed without payment.
(9) In case of a charge back by your bank we charge 3 % of the contractual invoice, but at least 5,00 € as allowance.
(10) For reasons of safeguard we reserve the right to only accept certain payment methods for orders by some customers. We will inform you if this is the case.
(11) We reserve the right to deliver your purchased goods only after payment was received.
§ 5 Delivery / pickup
(1) The delivery will be executed within 3 – 8 working days after receipt of your payment. Differing shipment-dates are outlined on the website.
(2) Delivery of goods is regularly fulfilled after full payment. Subject to a separate agreement we may from time to time order goods not in stock on basis of a partial payment. However, if at time of arrival of the goods in Germany no full payment has been received, delivery may be retained until full payment is done. In addition, the supply of goods in stock may then be made to other customers if a payment period has been exceeded.
(3) The adherence of the stated delivery time requires a timely delivery to us.
(4) Furthermore we reserve the right of changes in stock and thus in delivery time during the payment period of the customer.
(5) Without explicit agreement of a delivery date and confirmation by the managing directors of Sevengems we are not liable for short interest, meaning that Sevengems is not liable for a delivery that is effected later. The liability is particularly excluded for any follow-up works that have been commissioned by the customer in respect of the original delivery time.
(6) Shipment will be carried out via freight forwarding business or normal postal package. Please refer to the article description for details. Costs and other conditions are outlined in our shop.
(7) Delivery of goods may take longer when delivered outside of Germany. You have to pay customs duty if such are applicable. Please refer to our homepage detailing such issues.
(8) In case you order a product which – according to its product description – was not available (yet) and we are not supplied with this product by our suppliers without our fault, we are entitled to withdraw from the contract, if the acquisition of such product is disproportionate. In this case, we will immediately inform you and, if possible, offer to deliver a comparable product. Should no comparable product be available or should you not wish for delivery of such a comparable product, we will immediately refund any payment made for the respective order to that point. In this case you are even entitled to withdraw from the contract.
(9) We may execute the shipment of your order in parts as long as your interest is not affected unacceptably. We will bear the additional shipment costs.
(10) Subject to individual agreement you may pickup the purchased goods at our showroom.
(11) Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract. Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised programme rescheduling the works to minimise the effects of the prevention or delay caused by the event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
(12) If a delivered product is not accepted at your address, you have to pay the additional costs for returning the product. You will have to pay the costs of returning in any other way than in case of a warranty or a defects liability.
§ 6 Right of withdrawal
Consumers have a legal right of withdrawal
Consumers have a legal right of withdrawal according to the following provisions. A consumer is every person that executes a legal transaction with a purpose that cannot be attributed to his/her commercial nor self-employed professional occupation.
Note by Sevengems: Please note that we have created the subsequent cancellation policy in accordance with the model text of the German Federal Ministry of Justice. In our opinion, however, this text is not unequivocal because according to § 187 par. 1 German Civil Code, the date of the contract formation or the date of taking possession of the object of purchase does not count towards the calculation of the withdrawal period. Thus, the cancellation period rightly only ends 14 days after the contract formation or the possession.
Also, we want you to note that in case that this cancellation policy is not sent to you upon contract formation, the term will only start later by receiving this policy.
Please keep this in mind in reference to the following policy; we will take this into account for the calculation of the respective term at any rate.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
(1) As a consumer you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
respectively, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, the day which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good;
respectively, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces, the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
(2) To exercise the right of withdrawal, you must inform us
SEVENGEMS
Jovyplatz 18 45964 Gladbeck Germany
Tel +49 157 71 45 38 49
info@sevengems.de
www.sevengems.de
CEO: Kathrin Lux
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(3) Withdrawal form
- To
SEVENGEMS Kathrin Lux
Jovyplatz 18 45964 Gladbeck Germany
Tel +49 157 71 45 38 49
info@sevengems.de
www.sevengems.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/
received on (*),
Name of consumer(s),
Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date_______________
(*) strike out if inappropriate
(4) Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from a usage other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information about rights of withdrawal
§ 7 Costs of return when executing right of withdrawal
In case of a withdrawal you will have to bear the shipment costs in connection with the returning of the goods. Based on the costs of the freight forwarding business used by us the costs will amount to approximately:
§ 8 Damaged Deliveries
(1) For you as a consumer, the risk of shipment lies with us, regardless of the kind of shipment chosen by the company (insured / uninsured / package). By choosing insured shipment, we only hedge our commercial risk.
(2) For business customers the risk of accidental loss and accidental deterioration of the sold good moves on the customer with the transfer to himself or herself or a person authorized to receive it; in case of delivery of goods the risk moves on the customer when we hand out of the goods to a suitable transport person.
(3) In case transport loss is obvious upon delivery, please claim such damages immediately with the deliverer and contact us as soon as you can. For the avoidance of any problems with the transport company, we especially advise you to document any damages to the packaging directly when receiving your goods; or to refuse the acceptance of such packages right away.
(4) The immediate claim of transport damages does not affect your legal rights of warranty if you are a consumer. Claiming transport loss and contacting us immediately however helps us to claim damages from our deliverers and our transport insurance. Please be also aware that deadlines do also exist in consumer right regarding warranty or burden of proof.
§ 9 Warranty & Liability
(1) Towards consumers the legal regulations for warranty apply. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of defects occurring within the legal term of warranty, you have the right to receive supplementary delivery (your choice: repair of the defect or delivery of a new product) and – if the respective requirements are met – the right of reduction or withdrawal as well as reimbursement for damages. Should the chosen way of supplementary performance cause disproportional costs, you are only entitled to the respective other way of supplementary performance. You have to allow us two attempts of amendment before you exercise your right of cancellation with the exception of cases justifying the immediate withdrawal by law. In case of withdrawal from the contract you are obliged to the complete return of the goods.
(2) Towards entrepreneurs the warranty regulations described above also apply but with the condition that liability for defects or other claims for damages shall lapse one year after the purchased items have been handed over / delivered. Excluded from this restriction are claims to damages due to injury of life, limb and health and/or claims for damages due to gross negligence or intentional damage caused by Sevengems; the legal statutes of limitation shall apply insofar. The duty to examine goods and requirement to give notice of defects shall remain unaffected.
(3) Sevengems does not warrant certain features of the products unless the warranty is expressively stated.
(4) Sevengems does not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorized service provider.
(5) We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act are affected. The same exclusion applies to breaches of duty by our vicarious agents. In case of damage caused in any other way we as well as our agents shall be liable in case of intent and gross negligence according to legal regulations. The same applies to negligently caused damages arising from injury to life, body or health. In negligently caused property damage and financial loss we and our agents shall be liable only for breach of an essential contractual obligation, however, limited to the amount foreseeable at the conclusion of the contract and the typical contractual damage. Material contractual obligations are those whose performance impressed the contract and which the customer may trust.
(6) The depicture of the products shown on the Website may slightly differ from the original because of different reasons (monitor settings, the quality of graphics card etc.). Such minor deviations do not justify any warranty claims.
(7) Note: A withdrawal is not possible if the products cannot in contrary to your idea be build up on your planned location because of the size or color. This is not a defect of the product. Before you therefore order the items, please note the specified dimensions and any assembly instructions.
(8) We point out that Sevengems assumes no liability for improper use. Please note in this context that we sometimes offer products without the so-called. overflow. Even in regard to products with this overflow an outlet of the water over the upper edge of the bin is possible. However, it should therefore be taken particular care to products without overflow. The not-existent overflow does not represent a defect of the product but corresponds to the agreed quality of the product according to the product description and design.
(9) Neither Party has any liability for any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and any delay costs in any way incurred by the other party due to an event of force majeure.
(10) Sevengems excludes any liability for a delayed or belated delivery of products. If we announce a delivery time this is just an approximate estimation based on our experience. We will transfer any rights (if any exist regarding the delivery time) against the freight forawarder to the customer.
(11) A deviation of product sizes up to 15mm do not grant any claims for faults.
(12) In addition, we would like to point out that a liability for the consequential harm caused by a defect is excluded in part by clause (5). Therefore, in your own interest, check the correctness of the delivery before installing the bathtub and before any (other) trades begin to work.
§ 10 Obligation of examination and notification of defects for entrepreneurs
(1) As an entrepreneur you are obliged to inspect the goods for obvious defects immediately upon delivery. Obvious deficiencies include the lack of manuals as well as substantial, easily visible damage to the goods. Further cases are included in which a different item or a lesser quantity is supplied. Such obvious defeciencies are to be notified to us within two weeks after delivery.
(2) Deficiencies that become apparent only later are to be notified within four weeks after the first notice by the buyer.
(3) In case of violation of the obligation to examine and inform us of such defects the goods are deemed as approved in regard to the defect.
§ 11 Reservation of proprietary rights
Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).
§ 12 Data policy
The terms/regulations of our privacy statement shall apply/be essential.
§ 13 Final clause
(1) In case one of the regulations of this present terms and conditions shall be ineffective, the contract remains in effect for the rest. Should any regulation be wholly or partially invalid, the parties shall immediately endeavor to achieve the purpose and economic success of the invalid regulation in another legal way.
(2) Court of jurisdiction is the place of residence of Sevengems if the customer is a merchant or a legal entity under public law or public law special fund or if the client has no general jurisdiction in Germany.
(3) In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective.
§ 14 Resolution procedures
The European Commission is providing a platform for out-of-court online dispute resolution (OS platform), which is available at www.ec.europa.eu/consumers/odr. You will find a list of contact details of the recognised dispute resolution bodies at the following address:
http://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution procedures before consumer arbitration boards.
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