Silver and Gemstone Jewellery from Germany


General Conditions and Consumer Information

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts between Schmuckwerk Hübener GbR, Menckestrasse 41, 04155 Leipzig, Germany - hereinafter referred to as provider - and the customer, who is connected via the online shop of the provider. Unless otherwise agreed, inclusion of the customer's own terms is prohibited.

(2) Consumer, in terms of the following provisions, is any natural person who concludes a legal transaction for a purpose, and cannot be attributed to a commercial or independent professional activity. Entrepreneur is any natural or legal person or persons who legally transact business in the exercise of their independent professional or commercial activity.

(3) The contract language is written in German. The contract text is stored with the provider. The storage is only temporary, therefore the customer should make arrangements to save and store the text separately.

§ 2 Subject of the contract

The contract represents the sale of goods. The details and essential characteristics of the goods can be found in the item description and any supplementary information made available on the Internet site of the provider.

§ 3 Execution of the contract

(1) The product ranges of the provider on the Internet does not represent a binding offer to execute a purchase contract, but an invitation to submit of a purchase order (purchase offer of the customer). The customer can submit by phone, in writing, a tender offer by fax, email or via the online ordering system.

When purchasing through the online shop system: the goods intended for sale are stored in the §shopping cart§. The customer can access the §shopping cart§ at any time and make changes via the corresponding button on the navigation bar. After requesting the §Checkout§ page and entering your personal data, as well as payment and shipping conditions, all order data will be shown again. Prior to submitting the order, the customer has the opportunity here to check all the details again to change (via the function "back" on an Internet browser) or cancel the purchase. By submitting the order via the corresponding button, the customer submits a binding offer to the provider. The customer will receive an automatic email upon receipt of his or her order, which does not represent the conclusion of the contract.

(2) The acceptance of the offer (and thus the execution of the contract), in all cases, is confirmed in text form (e.g. email), in which the customer is notified that the processing of the order or delivery of the goods has been confirmed, or by delivery of the goods (whichever comes first).

Should the customer not receive an order confirmation, delivery notification, or delivery of goods within 7 business days he or she is no longer bound to their order. If necessary, money transfers that have already been made (e.g. payments through instant payment/transfer systems like PayPal, as far as allowed) will be immediately refunded in this case.

§ 4 Prices and shipping

The prices stated in the respective offers are final prices. They include all applicable charges, as well as all applicable taxes.

Only in cross-border deliveries may in individual cases other taxes (e.g. in the case of an intra-Community acquisition) and / or charges (e.g. taxes) paid by the customer, not to the vendor, but to the appropriate customs and tax authorities.

Shipping costs are not included in the purchase price, and are accessible via the §Payment and delivery conditions§ page. Shipping costs are shown separately over the course of the order process and will be paid by the customer in addition to the purchase price, insofar as free shipping does not apply.

§ 5 Payment and shipping terms

(1) The conditions for payment and shipping can be found by clicking §Payment and delivery conditions§ in the navigation pane.

(2) If a product ordered by the customer becomes unexpectedly unavailable, despite the provider's prompt attempt to fulfill the purchase offer, the customer will be informed immediately of the unavailability and will be refunded immediately if payment for the product has already been withdrawn.

(3) As a consumer, the customer will be asked to immediately check the goods on delivery for completeness, apparent defects and transport damage and to share complaints as soon as possible to the provider and the carrier. The warranty claims of the customer shall remain unaffected. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods during the shipment until the delivery of the goods to the customer is completed, regardless of whether the shipment is insured or uninsured. For customers who are non-consumers, delivery and dispatch are carried out at their own risk.

(4) The goods remain property of the supplier until full payment of the purchase price.

§ 6 Return costs when exercising your right to cancel

In the event of agreeing to exercise your right to cancel via EU consumer law for distance contracts, the customer has to bear the cost of returning the goods if the price of the returned goods does not exceed the amount of 40 euros or if the item has a higher price but was only partially paid for per the contract, unless the goods were not as ordered. In all other cases the supplier bear the cost of returning the goods.

§ 7 Off-set, right of retention

(1) The customer is only entitled to offset if the counterclaim is undisputed, legally established or acknowledged by the provider.

(2) Right of retention may only be exercised by the customer, as far as dealing with claims from the same contractual relationship.

§ 8 Warranty

(1) The following statutory provisions shall apply.

(2) For used goods, the warranty period, regardless of any statutory scheme, is one year after delivery of the goods. The one-year warranty period does not apply should the provider be attributable to any damages arising from injury to life, body or health or was grossly negligently or intentionally caused damage or malice of the provider, as well as recourse under § § 478, 479 BGB.

§ 9 Liability

(1) The vendor shall be fully liable for any damage arising from injury to life, body or health, if he fraudulently conceals a defect or has assumed a guarantee for the quality of the purchase object to in all cases of willful intent or gross negligence, for damages the Product Liability Act or to the extent otherwise required by mandatory law.

(2) If material obligations under the contract are concerned, the violation endangers the purpose of the contract, the liability of the provider for slight negligence is limited to typical and/or foreseeable damage.

(3) Liability is excluded for slight negligence as a violation of essential contractual obligations.

(4) Data communication over the Internet cannot be guaranteed error free and / or available at any time after the current level of technology. The provider is liable for neither the extent nor the constant uninterrupted availability of the Website and the services offered therein.

§ 10 Applicable law, venue, jurisdiction

(1) German law shall apply to the exclusion of the CISG. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not withdrawn (favorability).

(2) The venue for all obligations of the business and jurisdiction with the existing provider's place of business, where the customer is not a consumer, but a merchant, legal entity under public law or public law special fund.

The same applies if the customer has no general place of jurisdiction in Germany or the EU or the customer's domicile or habitual residence at the time of the legal action is not known. The right to call the Court to another legal jurisdiction remains unaffected.