General Terms and Conditions of Business and Delivery
for the sale of jewelry and accessories in the online shop www.elizaweiss.com. Elisabeth Weiß, ELIZA WEISS jewelry, Jägerstraße 38b, 82008 Unterhaching, VAT identification no.: DE287116466 Contact: E-mail: firstname.lastname@example.org Phone: +49 (0)89 66 50 84 20
You can download these GTC as a PDF from our site and save them on your computer.
§ 1 Scope of application
- These General Terms and Conditions (GTC) apply to all consumer goods purchase contracts concluded between you as the customer and us, as the operator of the www.elizaweiss.com website.
- Our offer in the online shop is aimed exclusively at consumers within the meaning of § 13 BGB.
- The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Conclusion of contract
- Our offers in the shop do not represent binding sales offers but are an invitation to place an order. The offer to conclude a purchase contract is made by you as the customer by clicking the “order with costs” button after completing the order page. Regulations and conditions that deviate from these GTC apply only if they have been confirmed by us in text form.
- After sending the order, you will immediately receive an e-mail confirming receipt of the order by us (“order confirmation”), which, however, does not constitute acceptance of the contract. A contract between you and us is concluded as soon as we accept your order by means of a separate e-mail or dispatch the goods. To ensure that you receive all information relevant to the contract, please check the SPAM folder of your e-mail inbox regularly.
- The final prices stated in our online shop are Euro prices and include the statutory VAT according to German law.
- Please refer to the individual product descriptions in our online shop for the essential features of the products we offer or the period of validity of limited offers
- The text of the contract (consisting of the order, GTC and contract confirmation) will not be stored by us and will be sent to you by e-mail or together with the goods.
§ 3 Ordering process and correction options
- You have the option of placing orders with us via a customer account or as a guest. If you register with us, you will be able to check the status of your order, adjust your personal details and view invoices.
- You can place the goods you want in the shopping basket at any time; this reservation does not constitute a purchase. This takes place as described under point 4.
- At the end of the ordering process, you will be shown the contract data, the ordered products and the price on an overview page of the shopping basket. There, you have the opportunity to make corrections to the data, products and quantities entered in the shopping basket. The order is triggered, as described in §2 number 1, via the button “order with costs”.
- If you use PayPal for payment, you will be directed to a PayPal page where you can make your payment after logging in. You can then return to our site via a link in the PayPal window.
- All information on the requirements for the conclusion of the contract can be found in these GTC.
- We do not store the complete text of the contract, but we will send you the order data and the mandatory information about the order by e-mail
You can view the T&Cs on our website. With an account you can view your order data. As a non-registered user, the order data is not available to you digitally.
§ 4 Individually made jewelry
- When you order customised jewelry from us, you provide us with the necessary information for customisation.
- The revocation of individually designed products is excluded. See also the corresponding information on revocation.
- Insofar as you provide us with information, such as logos or images and texts for the production of the jewelry, you shall ensure that the production of jewelry which incorporates this information does not infringe the rights of third parties. Insofar as claims are asserted against us due to the infringement of third party rights, you shall indemnify us against the third party rights upon first request and reimburse us for the necessary costs of legal defence.
§ 5 Delivery conditions, transfer of risk and shipping costs, return in case of revocation
- We reserve the right not to execute orders until all previous deliveries have been paid for.
- We only deliver to customers in EU countries or countries in the European Economic Area. Express deliveries are only possible in Germany and abroad only by individual arrangement.
- The shipping costs within Germany as well as the shipping costs for shipments to other EU countries and countries of the European Economic Area can be found in our shipping costs list.
- The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions. Only if you are in default of acceptance, the transfer of risk takes place before the goods are accepted. We therefore assume the risk of loss of or damage to the goods in transit to you.
- Delivery times stated by us are calculated from the date of our contract confirmation. If no or no deviating delivery time is specified for the respective goods in our online shop, it is 5-10 working days. The delivery time to other EU countries is 7 to 14 working days. If delivery is made to an island, the delivery times may be extended to up to 21 working days.
- If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of self-supply by upstream suppliers or force majeure), we shall inform you of this without delay, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not available at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case we shall immediately refund any consideration already paid. The statutory rights of the contracting parties shall remain unaffected by this
- at the delivery address given by you during the usual delivery times, the transport company used by us will leave or send you a written notification with further information and instructions, in particular on the date of a new delivery attempt, the possibilities of contacting you to arrange an appointment and/or the place of deposit for collection. Agreements between you and the transport company which deviate from this shall remain unaffected but shall not establish any liability at our expense. Should the delivery of the goods fail for reasons for which we are not responsible, we may withdraw from the contract; any payments made will be refunded to you
immediately. Our statutory rights, in particular to compensation for additional expenses, shall remain unaffected.
- In the event of revocation in accordance with the statutory revocation regulations, we request that you return the goods in the original packaging. The costs of the return shipment shall be borne by the buyer. Until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier, we can refuse repayment. More about this in our cancellation policy.
§ 6 Shipping costs
Germany (prepayment & PayPal) with DHL go green, flat shipping fee of 6,90€. (Standard delivery)
Germany (PayPal) via DHL Express 30,00€ only on special customer request. Only for jewelry that is not made to order. The order must be received by 12:00 noon in order to be shipped the following day by DHL Express. (No standard shipping) Individual DHL Express options by arrangement.
Within the EU (prepayment & PayPal) with DHL international, flat rate shipping 12,90€.
Switzerland (prepayment) with DHL international, shipping flat rate 15,90€ (Please note that additional taxes and fees may apply in your own country).
1. International shipping by arrangement.
§ 7 Payment and Retention of Title; Withdrawal
- Payment of the purchase price shall be made either in advance, by cash on delivery or by PayPal with the payment options selected there. If payment is made by credit card or PayPal, the amount will be debited when the payment is triggered.
- We do not accept other payment methods. Payments after receipt of invoice or by bank transfer are only possible in case of prepayment
- We use the “TSL” transmission method to encrypt your personal data.
- The goods remain our property until full payment has been made. If you are more than 30 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
- The final prices stated in our online shop are Euro prices and include the statutory VAT according to German law.
§ 8 Presentation of the products
Images on this website are examples only. The pieces of jewelry are handmade with care and are unique pieces and may differ from the pictures on the website (see customer’s rights in case of defects clause 4.).
The healing effect of gemstones and crystals is based on centuries of experience and historical lore. The effect of semi-precious stones and healing stones are not medically recognised. It does not replace medical advice or medical help.
The effects of the stones mentioned here are taken from the teachings of Michael Gienger ‘die STEINHEILKUNDE’ and ‘Heilsteine – 430 Steine von A-Z’ from Neue Erde Verlag
§ 9 Warranty rights
- Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise stipulated below.
- Insofar as the goods purchased and delivered in our online shop are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
- You are also entitled to rights due to defects within the framework of a quality guarantee, provided that we have expressly given such a guarantee in relation to the item sold in the individual case.
- The photos on this website are only exemplary. The pieces are handmade with care and are unique. Insofar as you order gemstones, these are unique and may vary in shape and colour. Warranty claims exist only if these changes are unreasonable for you.
- The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become statute-barred within the regular limitation period.
§ 10 Liability
- We, our representatives, and vicarious agents, are liable for intent and gross negligence in the event of injury to life, limb and health in accordance with the law. In the event of gross negligence, however, the damage shall be limited to the foreseeable damage typical for the contract.
- For the negligent breach of essential contractual obligations, i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract or whose breach jeopardises the achievement of the purpose of the contract and on whose fulfilment you as
the customer may regularly rely, we shall also only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
- In all other respects, we shall be liable in accordance with the Product Liability Act, for culpable breaches of material contractual obligations or insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of a product, in accordance with the law.
- These regulations apply equally to our representatives or vicarious agents.
§ 11 Right of withdrawal and data protection
- You will find the information on the right of withdrawal in the appendix
- Wie wir Ihre personenbezogenen Daten bei der Abwicklung des Vertrages bearbeiten, finden Sie in unserem Datenschutzhinweis.
§ 12 Discount codes from promotions and gift vouchers
Our discount codes are voluntary promotional discounts. Gift vouchers are bearer papers according to §807 BGB (German Civil Code), which you can purchase from us.
- Discount codes
The discount codes are intended for one-time use and can be redeemed by anyone. Discount codes expire after the expiry date and can only be redeemed during the specified period. In the event of a cancellation, a discount code will expire. The amount saved will neither be credited nor offset. Discount codes can only be redeemed once per purchase (regardless of the number of items purchased), regardless of the amount of the discount code redeemed, the discount code expires with the purchase.
A cash payment of the credited amount is not possible. Discount codes cannot be redeemed for jewelry made of 14kt or 18kt gold and jewelry that was made directly for the customer (individually).
- The gift voucher entitles the holder to have the amount noted on the voucher credited to the purchase price when purchasing goods from the ELIZA WEISS range. The handing over of the voucher to ELIZA WEISS is a prerequisite for the crediting of the amount to the purchase price. Insofar as the voucher is only partially redeemed, the remaining value will be noted on the voucher as a credit.
Payment of the value of the voucher in cash is not possible.
The claim arising from the gift voucher shall become time-barred in accordance with the statutory limitation provisions (§§ 194 ff. BGB) in 3 years from the end of the year in which the voucher was issued. Residual credit balances also become time-barred within the original period. After the expiry of the limitation period, the value of the voucher is no longer credited towards a purchase.
§ 13 Applicable law, mandatory consumer protection regulations
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
– you have your habitual residence in Germany, or
– Your habitual residence is in a state that is not a member of the European Union.
- In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§ 14 Jurisdiction and consumer arbitration
- Insofar as you had your domicile or usual place of residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time of the institution of legal proceedings by us or your domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of our company in Munich.
- We would like to point out that in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
- In accordance with §36 VSBG, we would like to point out that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. If you have any problems with our products, please contact us directly.
Munich, July 2021