General Terms and Conditions

Table of Contents

1. scope of application
2. definitions
3. conclusion of contract
4. right of cancellation
5. prices and terms of payment
6 Delivery and dispatch conditions
7. reservation of title, right of retention
8 Warranty and liability
9. final provisions

 

1) Scope of application

1.1 Ulrike Poelk / Einzelunternehmerin, Dresdener Str. 26, 10999 Berlin, Germany (hereinafter "Seller") operates an online shop for designer jewellery ("Shop") under the website http://www.ulrikepoelk.de/.

1.2 The following General Terms and Conditions ("GTC") apply to all orders in the shop, unless expressly agreed otherwise.

2) Definitions

The following definitions apply to these GTC:

"Customer" is any natural or legal person or partnership with legal capacity who orders goods via the shop.
"Consumer" is a consumer within the meaning of Section 13 of the German Civil Code ("BGB").
"Entrepreneur" is an entrepreneur within the meaning of § 14 BGB.

 3) Conclusion of contract

3.1 The subject matter of the contract is the purchase of the goods offered in the shop.

3.2 The product descriptions presented in the seller's shop do not constitute an offer on the part of the seller, but are the basis on which a customer can submit a binding offer.

3.3 The customer can submit a binding offer via the online order form integrated into the seller's shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer to conclude a purchase contract for the acquisition of the goods contained in the shopping basket by clicking the button that concludes the ordering process.

3.4 The Seller may accept the Customer's offer within five days,

•  by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
•  by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
•  by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned variants exist, the contract is concluded at the point in time at which one of the aforementioned variants occurs first. The period for acceptance of the customer's offer by the seller begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his offer.

3.5 After completing the order process, the customer receives an order confirmation in text form by email. The order confirmation contains a summary of the order, these GTC and the cancellation policy. The order confirmation does not constitute an order confirmation within the meaning of section 3.4 above and is not an acceptance of the customer's offer. 

3.6 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

4) Right of cancellation

4.1 Customers who are consumers are generally entitled to a right of cancellation for orders in the shop.

4.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

5) Prices and terms of payment

5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately during the ordering process.

5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5.3 The payment options are communicated to the customer in the seller's shop.

 

6) Delivery and dispatch conditions

6.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address stated in the seller's order confirmation is decisive for the processing of the transaction.

6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

6.3 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

 

7) Retention of title, right of retention

7.1 The goods shall remain the property of the seller until the purchase price has been paid in full.

7.2 The customer may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

8) Warranty and liability

8.1 If the purchased item is defective, the statutory warranty provisions shall apply.

8.2 If the customer acts as an entrepreneur, the warranty period is 12 months.

8.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual warranty claims.

8.4 Subject to the following exceptions, the Seller's liability for contractual breaches of duty and for unauthorised acts is limited to intent or gross negligence.

8.5 The Seller shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If the Seller is in default of performance due to slight negligence, if performance has become impossible or if the Seller has breached a material contractual obligation, the liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer may regularly rely. This includes, in particular, our obligation to take action and fulfil the contractually owed service, which is described in section 3.1.

8.6 In particular, the seller offers designer jewellery with integrated magnets in the shop. The seller expressly draws the customer's attention to the general precautions regarding the handling of magnets. In particular, the seller advises that jewellery with integrated magnets should not be placed near the following devices: Televisions and monitors, credit cards and EC cards, computers, floppy discs and other data carriers, video tapes, hearing aids and pacemakers. The seller would also like to point out that the magnets can damage textiles due to their attractive force and can cause crushing if used improperly.

Any liability of the seller due to improper handling of the integrated magnets is excluded.

9) Final provisions

9.1 All legal relationships between the Seller and the Customer shall be governed by the substantive law of the Federal Republic of Germany, excluding the laws on the international sale of goods. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

9.2 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 Seller shall be the registered office of the Seller.

9.3 The contractual language is German.

9.4 The inclusion of the customer's own terms and conditions is hereby expressly rejected.


Status 16 April 2024