WEBSHOP TERMS AND CONDITIONS

Contractual terms and conditions within the framework of purchase contracts concluded via the platform

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

and the customer referred to in Section 2 of the contract – hereinafter referred to as “Customer” –

be closed.

§ 1 SCOPE, DEFINITIONS

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

(2) The customer is a consumer if the purpose of the ordered deliveries and Services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

§ 2 CONCLUSION OF CONTRACT

(1) The customer can select products, in particular high-quality jewelry, from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with payment" button, the customer submits a binding order to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into their order.

(2) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely 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 with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 3 DELIVERY, AVAILABILITY OF GOODS

Delivery times stated by us are calculated from the date of our order confirmation, assuming prior payment of the purchase price (except for purchases on account). Since products are generally manufactured for the customer upon order, delivery times may take up to four weeks. Exceptions are products listed under the "Immediate Delivery" category, where delivery times are three to five days.

(1a) All information in the online shop regarding the availability and delivery times of goods is without guarantee.

(2) If no copies of the selected product 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 accepting the order. In this case, a contract will not be concluded.

(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. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of withdrawal (see Section 9 of these Terms and Conditions) is not affected. Furthermore, in this case, the provider is also entitled to withdraw from the contract. In doing so, the provider will promptly refund 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, Republic of 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 possible after individual agreement.

(5) Special point Switzerland

We are happy to ship our products to Switzerland, but please note the following additional charges: customs, shipping, and Swiss VAT. Unfortunately, exchanges are currently not possible due to customs regulations. We are currently working on a solution. We are happy to assist you with any alterations and recommend a local goldsmith if necessary.

(6) Delivery is subject to timely and proper delivery by the suppliers. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, or a delivery stoppage by the manufacturer or sub-supplier, delivery delays shall not occur. The Seller shall not be liable for delivery delays caused by manufacturers or third parties.

(7) The goods are available while stocks last. In exceptional cases, errors or corrections may occur, particularly when multiple customers order the same goods simultaneously. The seller is not liable for out-of-stock or unavailability of goods.

(8) If not all ordered goods are in stock, the Seller is entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered, either partially or entirely, for reasons beyond the Seller's control, the Customer is entitled to withdraw from the contract.

§ 4 RESERVATION OF TITLE

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

§ 5 PRICES AND SHIPPING COSTS

(1) All prices stated on the provider’s website include the applicable statutory value-added tax.

(2) The corresponding shipping costs will be stated to the customer in the order form and are to be borne by the customer unless the customer exercises his or her right of withdrawal. Delivery within the Federal Republic of Germany is free of charge.

(3) The goods will be shipped by post with DPD. The shipping risk is borne by the provider if the customer is a consumer.

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

§ 6 PAYMENT TERMS

(1) The customer can pay via PayPal and any payment method offered by Shopify. In special cases, it is also possible to pay for a product by invoice. In this case, an invoice will be sent to the customer. The desired product will only be manufactured or shipped to the customer after receipt of payment.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer shall be in default simply by missing the due date. In this case, the customer shall pay the provider default interest at a rate of 5 percentage points above the base interest rate.

(3) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

§ 7 WARRANTY FOR MATERIAL DEFECTS, GUARANTEE

The provider is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the provider is 12 months.

If our products are defective upon delivery, these must be reported immediately upon receipt of the product, but no later than 14 days after delivery.

If a service provided by us is defective, the buyer may demand subsequent performance. We will provide subsequent performance within a reasonable time, i.e., either by replacement delivery or by remedying the defects. If the form of subsequent performance chosen by the buyer is only possible at disproportionate expense, we are entitled to provide subsequent performance in an alternative form.

An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

§ 8 LIABILITY

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of 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.

§ 9 EXCHANGE AND RETURN RIGHT

(1) If a product doesn't fit or isn't to your liking, you have the statutory right to return it within 14 days of receipt. Returns are free of charge within Germany.

(2) Custom-made items, engraved products, and certain rings (Golden Cloud Ring Band, Grande Belezza Ring, and all rings with full stone setting) are non-returnable. Size changes are possible, with a few exceptions (Golden Cloud Ring Band, Grande Belezza Ring, and all rings with full stone setting). The customer is responsible for any associated costs.

(3) After the successful conclusion of the contract, the seller agrees to undertake a one-time adjustment of the ring size for the buyer, should this be necessary.

(4) Our exclusively crafted CANDY RINGS are non-returnable. These are personalized, one-of-a-kind pieces. We are happy to adjust the ring to your previously communicated ring size once; this service is included in the price.

(5) Returned products must comply with the terms and conditions of the return and exchange policy. If this is the case, the refund or exchange will be processed.

The products must be new, unused, and in perfect condition, packaged in the provided protective material. We reserve the right to refuse returns if the product shows signs of wear, has been used or worn, or has been altered in any way from its original condition.

In case of violation of these conditions of sale, the return will be refused and the product will be returned at the customer's expense.

§ 10 CANCELLATION POLICY

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, of which the provider will inform them below in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).

CANCELLATION POLICY
RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

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

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF CANCELLATION CANCELLATION POLICY RIGHT OF CANCELLATION

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

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

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

(2) There is no right of withdrawal for goods which 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 (for example rings).

(3) The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:

SAMPLE CANCELLATION FORM

Download form

To 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 the consumer(s) _______________________________

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

___________________________

Date _____________________

(*) Delete as appropriate

§ 10 GIFT VOUCHER

(1) Gift vouchers have no expiration date and can be used multiple times. Only one gift voucher can be used per order. Gift vouchers cannot be used to purchase additional gift vouchers. Gift vouchers can only be redeemed until the order process is completed.

(2) The provider is not liable for loss, theft or illegibility of voucher cards that are not the fault of the provider or for spelling errors in the voucher recipient's email address.

§ 11 FINAL PROVISIONS

(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the Customer, as a consumer, has his or her habitual residence, 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 registered office of the provider.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced by the statutory provisions, where applicable. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

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WEBSHOP TERMS AND CONDITIONS