Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application

2. Conclusion of Contract

3. Prices and Payment Terms

4. Delivery and Shipping Conditions

5. Force Majeure

6. Delay in Performance at Customer’s Request

7. Retention of Title

8. Defect Liability / Warranty

9. Liability

10. Limitation Period

11. Retention, Assignment

12. Applicable Law, Jurisdiction

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of ECHT Schmuck und Design OHG (hereinafter referred to as "Seller") apply to all contracts for the supply of goods that an entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall also apply exclusively if the Seller, being aware of conflicting or deviating conditions of the Customer, executes the delivery to the Customer without reservation.

1.3 An entrepreneur within the meaning 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 The product descriptions presented in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods and/or services contained in the shopping cart by clicking the finalizing order button. The Customer may also submit the offer by telephone, fax, email, or postal mail.

2.3 The Seller may accept the Customer's offer within five days by:

• Sending a written order confirmation or an order confirmation in text form (fax or email), where the receipt of the confirmation by the Customer is decisive, or

• Delivering the ordered goods to the Customer, where the receipt of the goods by the Customer is decisive, or

• Requesting payment from the Customer after placing the order, or

• If payment by direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer's bank account, whereby the time of the debit is decisive.

If multiple of the above alternatives exist, the contract is concluded at the moment one of the aforementioned alternatives occurs first. The acceptance period begins on the day following the submission of the offer by the Customer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, and the Customer is no longer bound by their declaration of intent.

3) Prices and Payment Terms

3.1 Unless otherwise stated in the Seller's product description, the prices indicated are net prices, exclusive of statutory VAT. Packaging and shipping costs, loading, insurance (particularly transport insurance), customs, and duties may be charged separately.

3.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that are not the responsibility of the Seller and must be borne by the Customer. These include costs for money transfers by credit institutions (e.g., transfer fees, exchange rate charges) or import-related duties and taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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.

3.3 The Customer has various payment options available, which are specified in the Seller’s online shop.

3.4 If prepayment by bank transfer is agreed upon, payment is due immediately upon contract conclusion unless a later due date has been agreed upon by the parties.

4) Delivery and Shipping Conditions

4.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive.

4.2 The Seller is entitled to make partial deliveries if this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller is entitled to issue partial invoices.

4.3 If the Seller is unable to deliver the ordered goods due to circumstances beyond their control, particularly in cases where the Seller has concluded a congruent hedging transaction with a supplier but is not supplied correctly or on time, the Seller is entitled to withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, refund any payments already made.

5) Force Majeure

In the event of force majeure events affecting contract fulfillment, the Seller is entitled to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part if the delay is prolonged. No claims against the Seller arise from this. Force majeure includes all unforeseeable events beyond the Seller's control that prevent contractual performance.