WEBSHOP GTC

Contractual terms in the context of purchase contracts via the platform

between 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 "webshop provider" or "provider" -

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

getting closed.

§ 1 SCOPE OF APPLICATION, DEFINITIONS

(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 predominantly attributed to his commercial or self-employed 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.

§ 2 CONCLUSION OF CONTRACT

(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.

§ 3 DELIVERY, AVAILABILITY OF GOODS

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). Since products are usually made after the customer has ordered, the delivery time can take up to 4 weeks. Exceptions are products that can be found under the category "In Stock". Here the delivery time is 3-5 days.

(1a) All information in the online shop regarding the availability and delivery time of goods is subject to change.

(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 who 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.

(5) Special point Switzerland 

We are happy to deliver our products to Switzerland with reference to the following extra costs: customs, shipping and Swiss VAT. Unfortunately, the exchange of the goods is currently excluded from exchange for customs reasons. We are still working on a solution here. We are happy to help you with any changes and will recommend a goldsmith in the area should this be necessary. 

(6) The delivery takes place under the condition of the timely and proper self-delivery by the suppliers. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, or if the manufacturer or sub-suppliers are unable to deliver, there will be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturers or third parties.

(7) The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially when several customers order the same goods at the same time. The seller is not liable for lack 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 the conclusion of the contract, it turns out that the goods cannot be delivered either partially or in whole for reasons for which the seller is not responsible, 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 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 post with DPD. 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.

§ 6 PAYMENT TERMS

(1) The customer can make the payment via Paypal and with all payment methods 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. Only after receipt of the payment will the desired product be manufactured or shipped for the customer.

(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.

§ 7 WARRANTY FOR DEFECTS, GUARANTEE

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

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

1. If a service provided by us is defective, the buyer can demand supplementary performance. We will ensure subsequent performance within a reasonable period of time, i.e. either a replacement delivery or the elimination of the defects. If the form of supplementary performance chosen by the buyer is only possible with disproportionate expense, we are entitled to supplementary performance in the other form.

1. 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.

§ 8 LIABILITY

(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.

§ 9 EXCHANGE AND RIGHT OF RETURN

(1) If a product does not suit you or does not fit, the statutory right of return of 14 days after receipt of the goods applies. A return is free within Germany.

(2) Custom-made products, products with engravings and certain rings (Golden Cloud Ring Band, Grande Belezza Ring and all rings with a full stone setting) are non-returnable. The size of the products can be changed with a few exceptions (Golden Cloud Ring Band, Grande Belezza Ring and all rings with a full stone setting). The customer has to bear the costs for this. 

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

(4) Our exclusively made CANDY RINGS are non-returnable. These are personalized unique items. We are happy to adjust the ring once to the ring size you previously communicated and this service is included in the price.

(5) Returned product must comply with the terms of the Returns and Exchanges Policy. If so, the refund or exchange will be processed.

The products are new, unused and in perfect condition, packed in the protective material provided. We reserve the right not to accept returns if the product shows signs of wear, has been used or worn, or has been modified in any way from its original condition.

In the event of a breach of these Terms of Sale, the return will be refused and the product will be returned at the customer's expense.

§ 10 CANCELLATION INSTRUCTIONS

(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.

RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL

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 ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model cancellation form for this, but it 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.

CONSEQUENCES OF CANCELLATION RIGHT OF CANCELLATION

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 ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached model cancellation form for this, but it 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.

CONSEQUENCES OF REVOCATION

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) The provider informs about the model cancellation form according to the legal regulation 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 consumer(s) ________________________________

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

___________________________

Date _____________________

(*) Delete where not applicable

§ 10 GIFT CERTIFICATE

(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.

ARTICLE 11 FINAL PROVISIONS

(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.