Contractual terms in the context of purchase contracts via the platform

between

the Vieri GmbH, Witzlebenstr. 38 , 14057 Berlin , telephone number +49 30 74079270 , entered in the commercial register of the district court of Berlin Charlottenburg under HRB 166821 represented by the managing director Guya Merkle, VAT identification number: DE300562101- hereinafter referred to as "web shop provider" or "provider" -

and

the customer referred to in § 2 of the contract - hereinafter "customer" -

getting closed.

(1) The following general terms and conditions apply exclusively to the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer") in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

(1) The customer can select products from the range of the provider, in particular high-quality jewelry, and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgment of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract ). The text of the contract is stored in compliance with data protection.

(3) The contract is concluded in German.

(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 3-5 days for shipping.

(2) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. This does not affect the customer's statutory right of withdrawal (see Section 9 of these contractual terms and conditions). Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Albania, Andorra, Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Great Britain, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Moldova, Monaco, Montenegro, Netherlands, Norway, Austria, Poland, Romania, San Marino, Sweden, Switzerland, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Ukraine, Hungary, Vatican City, Belarus, Cyprus. Deliveries to other countries are only made after individual agreement.

The delivered goods remain the property of the provider until full payment has been made.

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer unless the customer makes use of his right of withdrawal. We deliver free of charge within the Federal Republic of Germany.

(3) The goods are shipped by DHL premium mail. The provider bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, the customer must bear the direct costs of the return shipment.

(1) The customer can make the payment via Paypal.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears at a rate of 5 percentage points above the base interest rate.

(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a model cancellation form.

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us ( Vieri GmbH, Witzlebenstr. 38 , 14057 Berlin , shop@vieri.com by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Please note that we can only issue one voucher for candy rings due to the custom-made product. The goods must be in their original condition and in perfect condition.

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us ( Vieri GmbH, Witzlebenstr. 38 , 14057 Berlin , shop@vieri.com by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(2) There is no right of withdrawal for goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. rings).

(3) Sale goods are excluded from revocation.

(4) The provider informs about the model cancellation form according to the legal regulation as follows:

At Vieri GmbH, Witzlebenstr. 38 , 14057 Berlin , shop@vieri.com :

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

__________________________________________________________

Ordered on ___________/received on _______________

Name of consumer(s) _________________________________

Address of consumer(s) ________________________________

Signature of consumer(s) (only if notification is on paper)

___________________________

Date _____________________

(*) Delete where not applicable

(1) Gift vouchers have no expiry date and can be used multiple times. Only one gift voucher can be used on each order. Gift vouchers cannot be used to purchase additional gift vouchers. Gift vouchers can only be redeemed until the order process has been completed.

(2) The provider is not liable for loss, theft or illegibility of voucher cards for which the provider is not responsible or for spelling errors in the e-mail address of the voucher recipient.

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) If 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 the provider is the location of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

§ Auction regulations

By participating in the auction, which is broadcast live on the Internet, the bidder accepts the following conditions:

1. The auction is voluntary. It is provided by us, Vieri GmbH, Witzlebenstr. 38, 14057 Berlin, telephone number +49 30 74079270, entered in the commercial register of the district court of Berlin Charlottenburg under HRB 166821, represented by the managing director Guya Merkle, VAT identification number: DE300562101 - hereinafter referred to as "auctioneer" in their own name.
2. The auction is in euros. The asking price is set by the auctioneer. As a rule, the previous bid is increased by EUR 100.00 each.
3. The rings to be auctioned can be viewed and checked before the auction; they are all new; Colored reproductions in the shop do not have to represent the objects in their true colors. All catalog information, which is provided to the best of our knowledge and belief, is for information only; this also applies to information about the geographical origin of objects.
4. The auctioneer has the right to combine, separate, offer out of sequence or withdraw catalog numbers.
5. The bid will be accepted if, after three calls, there is no higher bid and the limit price set by the consignor has been reached. If this limit price is not reached, the auctioneer can reject the bid or accept the bid with reservations; in this case, the bidder is bound to his bid for four weeks. If he does not receive the unconditional bid within this period or if he is outbid by a new bidder, the bid expires.
6. The auctioneer can reject a bid; in this case, the bid submitted immediately before remains valid and binding. If several people submit the same bid, the first bid received will be awarded the contract. In the event of differences of opinion and other doubts about the bid, the auctioneer can offer the item (= ring) to be auctioned again. The auctioneer may bid for the consignor up to the agreed minimum selling price (limit) on the items to be auctioned without giving notice and regardless of whether other bids are made or not. To protect the items to be auctioned, the auctioneer can award the bid below the limit to the consignor; in this case it is a decline.
7. The surcharge obliges acceptance and payment. With the bid, the risk of any loss, damage, mix-ups, etc. passes to the buyer. The buyer is obliged to collect the auctioned item from the auctioneer's business premises within ten working days, otherwise the buyer is in default of acceptance. Furthermore, the auctioneer is not obliged to hand over the item to the buyer or to the forwarding agent commissioned by the buyer until all amounts owed by the buyer have been paid in full.
8. The purchase price consists of the hammer price, the surcharge of 25% and the VAT levied on the hammer price and the premium at the respective statutory rate (regular taxation) or of the hammer price and the premium of 32% including VAT, which cannot be shown ( differential taxation). Objects that are not specially marked are generally subject to differential taxation, while objects that are specially marked are subject to standard taxation.
9. Export deliveries are exempt from VAT, but only for companies with a VAT identification number within other EU countries. As soon as the proof of export is provided, the foreign customer will be reimbursed for the VAT. The buyer must seek any official approval that affects the export.
10. The purchase price, ie the final price (hammer price + premium + or incl. VAT + pro rata resale right) is due with the hammer price. Bidders who take part in the auction in person must pay the final price to the auctioneer immediately in euros. Alternatively, EC cards or credit cards (Amex, Diners, MasterCard or VISA up to a final price of EURO 5,000 plus a fee of 3.0%) are accepted. The customer can make the payment via Paypal.
11. The bidder has no right of withdrawal, even if the contract was concluded outside the auctioneer's business premises or as a distance contract, because it is a publicly accessible auction in accordance with § 312g Para. 2 Sentence 1 No. 10 BGB.
12. If the buyer defaults in accepting the purchase or paying the purchase price, the auctioneer can either demand performance of the purchase contract or compensation for non-performance. The buyer is in default ten days after invoicing. If the auctioneer demands performance, he is entitled to the default damage in addition to the purchase price. This also includes any currency loss, loss of interest and the cost of legal action. If the auctioneer demands compensation for non-performance, he is entitled to auction the item to be auctioned again when the opportunity arises. With the bid, the buyer's rights from the previously awarded bid expire. The buyer is liable for any loss, has no claim to additional proceeds and is not admitted to the re-auction.
13. Auctioned items will only be delivered after cash payment has been made. If a payment is not received on time, the buyer is liable for all resulting damage. A deferral will not be granted. In the event of a delay in payment, the usual bank interest for an overdraft loan at the auctioneer's house bank will be charged. The buyer reserves the right to prove that the damage was less.
14. The auctioneer stores all objects for a period of ten working days from the day after the auction. The buyer can either pick up the auctioned items himself or have them picked up by a person authorized in writing, commission a forwarding agent himself or authorize the auctioneer in writing to have the item transported properly by a forwarding agent in the name, at the expense and risk of the buyer. In the case of the latter, the buyer authorizes the auctioneer to provide the freight forwarder with the data required for this purpose solely to carry out the transport and to process the purchase.
15. In the business premises, every visitor - especially during inspections - is liable for any damage caused by him.
16. The data provided by the bidder will be stored in the customer file of VIERI GmbH for the execution/processing of the orders placed, for any queries and for customer care and will be treated in accordance with the statutory provisions (in particular the Federal Data Protection Act). The bidder can object to the use of his personal data for marketing purposes at any time and to the data processing of his data after the purchase has been made in the future by sending an informal message by post to Vieri GmbH, Witzlebenstr. 38, 14057 Berlin, by telephone on +49 30 74079270 or by email to info@vieri.com.
17. German law applies exclusively.
18. The place of performance and place of jurisdiction, insofar as they can be agreed, is Berlin.
19. Should one or more provisions of these auction conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
20. If the auction conditions are available in several languages, the German version is always authoritative.