AGB
General terms and conditions with customer information
Table of contents
A. General Terms and Conditions with Customer Information
§ 1 Scope of Application
§ 2 Conclusion of Contract
§ 3 Prices & Payment Terms
§ 4 Delivery
§ 5 Right of Withdrawal
§ 6 Warranty
§ 7 Liability
§ 8 Transport damages
§ 9 Electronic communication
§ 10 Dispute resolution
§ 11 Severability clause
§ 12 Final provisions
A.General Terms and Conditions with Customer Information
§ 1 Scope of Application
(1) The General Terms and Conditions (hereinafter only referred to as "Terms and Conditions") apply to all online orders for goods at Love Your Diamonds (hereinafter only referred to as "Seller") from consumers or entrepreneurs (hereinafter only referred to as "Customer") and resulting contracts between
Love your Diamonds
owner: Mrs Anja Alt
Hirtengäßchen 15
D-91583 Schillingsfürst
Tel.: +49 (0) 9868 - 959 2527
VAT ID: DE297773388
and the customer, you, in the version valid at the time of ordering the goods.
All agreements not contained in these terms and conditions, in particular if they conflict with the following provisions of these GTC, are invalid unless confirmed by us in writing.
The language available for the conclusion of the contract is German and English.
You are advised that the content of these GTC is not stored by the seller. However, in the course of the ordering process, you will receive the contents of these GTC by e-mail for your information and further use.
(1.2) Consumer in the sense of these GTCs is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity.
(1.3) Entrepreneur in the sense of these GTCs is a natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
In relation to entrepreneurs, these GTCs shall also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
§2 Conclusion of contract
(1) The presentation of the goods on the Love Your Diamonds website (www.loveyourdiamonds.de) is legally to be understood as an invitation to make an offer to conclude a sales contract.
(2) You submit a binding offer to conclude a sales contract to the seller with your order.
The order is placed according to the following scheme:
I. Selection of the desired goods
II. Confirming the selection by clicking the button "Add to cart"
III. Calling up the cart by clicking the cart symbol "Your cart"
IV. Check and, if necessary, update the information within the shopping cart by clicking the "Edit" button
V. Pressing the button "proceed to checkout"
VI. providing the information and data required for order processing
VII. checking and, if necessary, correcting the entered data by pressing the respective "back to" button
VIII. Binding dispatch of the order takes place via the button "Payable order"
. If you wish to correct the information or data entered, you can use the respective "back" buttons provided for this purpose within the shop page before you complete the ordering process in a binding manner.
This will take you back to the previous shop pages on which your information and data were entered. You can then correct input errors if necessary. If desired, you can also cancel the entire ordering process by closing the Internet browser.
The offer made by the customer by sending the order is accepted by the seller by confirming the order. The customer will receive a notification of this by e-mail. If an order cannot be accepted for any reason, the customer will be informed immediately; payments already made by the customer will be refunded in such a case.
(3) A claim for delivery of the goods only arises through this acceptance of your order.
(4) We sell our goods exclusively to end consumers who have reached the age of 18.
§3 Prices & Terms of Payment
(1) The prices stated at the time of the order are valid. Within the prices of goods stated by the Seller, the statutory value added tax (if applicable) and other price components (such as packaging materials) are already included. This is a total price.
If necessary, additional delivery and shipping costs may apply. These are not yet included in the "total price" mentioned and will be indicated and charged separately (see: (2)).
(2) The costs for shipping and handling are shown separately depending on the type of shipping and the place of receipt and are to be added to the prices of the goods.
Before the customer makes a binding order by clicking the button "Payable order", the sum of "Total price goods" and shipping and handling costs is shown to the customer in addition to the individual listing of the order value and the shipping and handling costs. Please note that additional customs duties may be charged at receiving locations outside the EU.
(3) The customer can choose between the following payment options:
I. Payment in advance (bank transfer)
The customer will be shown the seller's bank details after the binding submission of the order. With these details, payment to the seller is possible and is due immediately after conclusion of the contract, provided no later due date has been agreed between the customer and the seller.
II. Payment via PayPal
In order to be able to pay the invoice amount via PayPal, the customer must have a corresponding account with PayPal. The customer can identify himself with his access data and confirm the payment order to the seller. The terms of use of PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg) must be observed.
III. Payment by IMMEDIATE bank transfer
After placing the order with the seller, you can confirm the payment order to IMMEDIATE bank transfer via an interface on www.loveyourdiamonds.de. The payment transaction will be executed automatically by IMMEDIATELY immediately afterwards.
IV. Payment by credit card (Mastercard/Visa)
Once the order has been placed, the customer can send his credit card details to the seller. This is done by way of the order or payment process. After the customer has been legitimated as the rightful cardholder, the credit card company transmitted is requested to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and the indicated card is charged.
V. Payment by giro pay
After placing the order with the seller, you can confirm the payment order to giro pay via an interface on www.loveyourdiamonds.de. The payment transaction is automatically carried out by giro pay immediately thereafter.
(4) The purchase price must be paid immediately after conclusion of the contract, but before dispatch of the goods.
(5) The goods remain the property of the seller, Love Your Diamonds, until full payment has been made.
§4 Delivery
(1) The goods are delivered to places of receipt within Germany as well as to places of receipt outside of Germany, as far as these have been released as delivery country by the seller.
If the desired country of delivery has not been approved, the customer will be informed before sending the order. In such cases, contact can be established via the contact data stated under §1, by e-mail via info@loveyourdiamonds.de or via the contact form set up on the website.
(2) As soon as the order has been paid by the customer, the order will be manufactured or packed and sent to the delivery address entered by the customer within the delivery time indicated on the product page.
(3) The goods will not be dispatched until full payment has been received.
(4) The customer will be informed immediately in case of delays in delivery.
(5) Partial deliveries are permitted. However, there are no additional shipping costs for the remaining delivery.
(6) If it is not possible to deliver the dispatched goods and the goods are therefore returned to the seller, the customer shall bear the costs of the unsuccessful dispatch.
This shall not apply, however, if the customer has effectively exercised his right of revocation, if he is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the dispatched goods, unless the seller has given the customer timely notice of the acceptance of the goods.
(7) It is not possible to collect the goods yourself.
§ 5 Right of withdrawal
(1) The customer has a right of withdrawal.
(1.1) The customer can find the exact provisions on the right of revocation in the seller's revocation instructions.
§6 Warranty
(1) The illustrations of the goods may differ slightly from the appearance of the delivered goods with regard to their appearance (in particular with regard to their colour or size). The goods specifications noted in the product description must be observed. Claims for defects do not exist in this respect.
(2) However, if the purchased item is defective, the customer may make use of the provisions of the statutory liability for defects. In these cases, the received, defective goods must be returned to the seller. In these cases, the shipping costs are borne by the seller.
(3) In the case of individual items or goods that are no longer in the product range, or those whose repair or replacement exceeds the value of the goods (EK retail), the customer will receive an equivalent replacement delivered or the purchase price refunded, as desired. Further claims do not exist. The purchase price is to be proven by means of the invoice. If necessary, the purchase price shall be calculated on the basis of similar goods.
(4) The article-appropriate use will be declared upon delivery in the form of a "care instruction". The seller is therefore not liable for damage to the goods caused by improper handling or use.
§ 7 Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
for injury to life, body or health,
for intentional or grossly negligent breach of duty,
for guarantee promises, if agreed, or
if the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.
§ 8 Damage in transit
(1) The following applies to consumers:
If goods with obvious damage in transit are delivered, the customer must complain to the deliverer as soon as possible and contact the seller immediately. Failure to make a complaint or contact the seller has no consequences whatsoever for the customer's legal claims and their enforcement, in particular warranty rights. However, the customer contributes to the seller's ability to assert claims against the carrier or the transport insurance company.
(2) For entrepreneurs the following applies:
The risk of accidental loss and accidental deterioration shall pass to the customer as soon as the goods have been delivered to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to examine and give notice of defects as regulated in § 377 HGB (German Commercial Code) applies. If you omit the notification regulated there, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This shall not apply if a defect was fraudulently concealed by the seller.
§9 Electronic Communication
You agree that contract-related communication can be made in electronic form.
§10 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution body.
§11 Severability Clause
If parts of these GTC should prove to be invalid, the remaining points remain unaffected.
